Responding to a war...
 
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Responding to a warrant....

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datacarver
(@datacarver)
Estimable Member
Joined: 18 years ago
Posts: 121
Topic starter  

You are responding to a warrant in search of digital evidence. The warrent gives you the right to search the household for the relevant electronic evidence.

Does the warrant give you the right to search the car parked in the garage?

Would this require an additional warrant?


   
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(@Anonymous)
Guest
Joined: 1 second ago
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Does the warrant give you the right to search the car parked in the garage?

Is it an attached garage? If so, the search should be good.

How is the warrant worded? "… home and premises…"?

Standard Disclaimer IANAL wink


   
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Logg
 Logg
(@logg)
Eminent Member
Joined: 16 years ago
Posts: 42
 

You made a good find/note. And the easy answer is check with your legal resources; mitigate this ambiguity with those who are versed in law.

Also…

"… home and premises…"?

home != house


   
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(@colmg)
New Member
Joined: 17 years ago
Posts: 3
 

This is something that will vary by jurisdiction. The combination of legislation and case law in your location will dictate how far the warrant extends.
As an example, such a warrant in my jurisdiction would not only cover the vehicle in the garage, but also any vehicles parked in the driveway. YMMV.


   
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jhup
 jhup
(@jhup)
Noble Member
Joined: 16 years ago
Posts: 1442
 

I never seen a search warrant that said "home" or "house", but that could be just me.

Ones I saw said something like "on said premises" or "residence", then it goes on to indicate concealed property, etc. As ColmG said, it us jurisdiction specific, but both terms are described in the issuing jurisdiction.


   
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Kady_Kady
(@kady_kady)
Active Member
Joined: 17 years ago
Posts: 12
 

If in doubt, get a separate warrant for any additional premises…including vehicles. In Ireland, for example, a car parked on a drive etc of the premises is classed as being part of the house, but if that car is parked on a public street the day you come to do your search then the warrant is ineffective in gaining access to the vehicle. So as good practice we are always advised to scope out the place you are requiring a warrant for first and make a note of the building, outbuildings, garages and vehicles and get a search warrant for each.


   
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(@seanmcl)
Honorable Member
Joined: 19 years ago
Posts: 700
 

If in doubt, get a separate warrant for any additional premises…including vehicles.

Correct. And don't forget that evidence seized through a warrant which is too broad can be excluded, after the fact.


   
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(@kevinspoon)
Active Member
Joined: 17 years ago
Posts: 15
 

Here in Massachusetts (USA) searching the vehicle would be fine. Also, we use the term "curtilage", which allows us to search areas surrounding the home that are used by the defendant (garage, shed, etc).


   
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