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Can an arrest warrant be used as a search warrant?

Police entered my friends house while I was over there for a relaxing evening of hanging out. Needless to say, the evening was anything but relaxed. The police knocked on the door and when my friends fiance answered, they barged right in saying they had an arrest warrant for my friend. As soon as he was detained, the police started rummaging through his belongings. When asked if they had a search warrant, the police responded that the arrest warrant was good enough and that we too would be arrested if we interfered. I don't think they legally went about this (as many police do).


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    STACI LYNN ANDERSON | Anderson Walsh PLLC
    Anderson Walsh PLLC
    COEUR D ALENE, ID 83814
    (208) 665-5658
    Was your friend on probation? If so, he likely signed a waiver of some of his 4th Amendment rights such as allowing law enforcement to search his person and home. An arrest warrant does not grant the police authority to do anything but arrest a person. Police may search the immediate area around the arrestee for "officer safety" and they can look around to see if there is anything in plain view. But a search of any person's home must be authorized by a judge based on probable cause.
    Answer Applies to: Idaho - Replied: 4/24/2013
    Timothy J. Thill | Timothy J. Thill P.C.
    261 E. Quincy ST
    Riverside, IL 60546
    (708) 443-1200
    A search incident to a valid arrest, (as evidenced by the valid arrest warrant), is sufficient to allow the police to search the premises. ?They do not need a separate search warrant to continue.
    Answer Applies to: Illinois - Replied: 4/24/2013
    William L. Welch, III | William L. Welch, III Attorney
    111 South Calvert Street
    Baltimore, MD 21045
    (410) 385-5630
    The police may search the gear he was in the reach of the person whom they are resting, in order to check for weapons. However, an arrest warrant is not a search warrant per se. However if the police are lawfully in a place to serve an arrest warrant and as a result the observe probable cause to believe that a crime is being committed or evidence might be destroyed, then a judge would probably uphold that kind of search. Otherwise, they need probable cause for a search warrant. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
    Answer Applies to: Maryland - Replied: 4/24/2013
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