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Old 12-27-2011, 11:37 AM
Loach Loach is offline
The Central Scrutinizer
Join Date: Apr 2003
Location: Pork Roll/Taylor Ham
Posts: 23,618
Originally Posted by Elendil's Heir View Post
I helped prepare a half-dozen or so search warrants back in the day, when I was an Ohio prosecutor. The cops took along two copies, keeping one and leaving the other with the owner of the premises or whoever they found there. As noted earlier, the more specific the warrant, the better from a legal standpoint - the search warrant must describe with particularity what is to be searched, and what is being looked for. An overbroad warrant will either not be approved by the judge, or will lead to the later suppression of any evidence seized.
Do you know of any case law where the paper copy must be served before the search can begin? I know that is almost always the case. I have always had a warrant in my hand when I have been involved in a case. But I can think of some circumstances in which it is not exigent enough for a warrantless search but timely enough that someone might feel they shouldn't wait for the copy to get there.

I have also often been involved in cases in which some evidence or probable cause of for a crime is observed and we seized the property (such as a car) or secured the structure or room until such time as a warrant was approved. We were not allowed to search and it would have screwed the case but legally we were able to deny access to their property until a warrant could be obtained.