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Legal question about warrants

4000fps
I have a question for the LEO's or possibly a lawyer or anyone who knows the law. Say a LEO comes to your house with a search warrant. You have a couple of safes in the house. Would you be obligated by law to open those saves to reveal their contents?
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Comments

9 comments

Date Votes
  • deputydon
    I am NOT qualified to give legal advise nor will I. That said, in my experience a search warrant gives officers the right to search for specific items. If the items being searched for are of a size and nature that they could be physically in the safe then it can be searched. In other words if the search is for a rifle officers could not search a single handgun safe because the rifle simply could not be in that safe.

    Hope this helps -Don
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  • Jgreen
    Sounds to me like some liberal crap here. I say (as a conservative) that if the cop shows up to your house, you are obligated not only to open every safe and container in your house, but to grab your ankles!!!
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  • spanielsells
    I, too, am not a lawyer or a LEO, nor do I play one on television. But, my understanding is that a search warrant must specify what they are looking for, they just don't get to nose around for s/hits and giggles.

    Saying that, if they suspect what they're looking for is in your safe, then you're opening your safe.
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  • spanielsells
    quote:Originally posted by Jgreen
    Sounds to me like some liberal crap here. I say (as a conservative) that if the cop shows up to your house, you are obligated not only to open every safe and container in your house, but to grab your ankles!!!

    Well, some people have been known to hide things in certain places... HOWEVER, if they're looking for a rifle, I'd suggest they look elsewhere.

    And, they can come to my house, because I don't have rifles -- or guns. Guns are evil and have a mind of their own. They spray bullets everywhere, even when left completely alone and totally unloaded.

    Now, if they're looking for owner manuals for guns, well, I like to collect those.
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  • Alpine
    There is so many ways around this question (on both sides) that the answer depends on what is specified in the warrant. You give me that, I can provide an answer that will fly in Kalif, but may not in your state.
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  • spryor
    Not sure, but I believe most warrants are room specific..maybe.

    I believe a broader warrant can be issued, but harder to get..maybe.
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  • Spider7115
    It depends on the scope of the warrant (search bedroom, kitchen, entire premises, etc.) and what they're looking for (drugs, guns, a fugitive, etc.). They are usually also allowed to confiscate anything illegal that's in plain view. If they have a warrant searching for a handgun, drugs, etc., it may be held legal that they can open the safe as it could be an obvious hiding place. For example, if they're looking for a fugitive, they would not be allowed to look in the cookie jar as it would be impossible for a wanted felon to hide in there. If they opened the jar and found drugs, any charges would most likely be thrown out as they were not within the scope of the warrant. However, if they had a warrant to search for drugs and found an illegal handgun in the cookie jar, it would probably hold up although a defense attorney would argue its admissibility.
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  • 11b6r
    Warrants must specify what is being searched for. Evlidence of criminal actions discovered during the search are admissible, IF within the scope of the search. Looking for a stolen 5 ton truck, searching inside your safe not within scope of the warrant. Searching for dope- yep, reasonable to look in safe. If they enter the house, and you have evidence in plain view, it is fair game. If you volunteer to open the safe, and evidence becomes visible, its fair game. Known as being "Stupid in Public". HOWEVER- a LEO MAY fairly search areas in your immediate reach that may hold a weapon- standing beside a dresser, they could look in the drawer to insure you don't have a roscoe in reach. Extension of the "pat down" concept.
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  • Fatboy lives
    I agree, it sounds like liberal crap to me.quote:Originally posted by Jgreen
    Sounds to me like some liberal crap here. I say (as a conservative) that if the cop shows up to your house, you are obligated not only to open every safe and container in your house, but to grab your ankles!!!
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