Persons Authorized to Serve Search Warrants
Title 18 US Code 3105 codifies this rule into federal law.
This rule operates under the Fourth Amendment and has existed in some form since the beginning of America. The Rule is codified on the federal and the state level. State Codes should be examined if you wish to understand the rules that govern your state.
What the US Code Says:
A search warrant may in all cases be served by any of the officers mentioned in its direction or by an officer authorized by law to serve such warrant, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.
What the Rule Means:
This code qualifies who is able to serve search warrants. It is very specific in the positions that have the authority to serve them and no one not in one of the listed positions of authority generally has such powers.
The rule maintains protection for the individual as guaranteed by the fourth Amendment, which protects against unreasonable searches and seizures. By requiring that only those listed on the warrant or those authorized to execute a search warrant citizens should be protected from police ill intent or third parties with malicious intent.
The rule maintains protection for the individual as guaranteed by the fourth Amendment, which protects against unreasonable searches and seizures. By requiring that only those listed on the warrant or those authorized to execute a search warrant citizens should be protected from police ill intent or third parties with malicious intent.
What Happens if the Rule is Violated:
If a search is conducted by persons not authorized to conduct the search, items seized during the search are not admissible in court. If Qualified Immunity does not apply, damages can be collected as well.
Exceptions:
The only exceptions to who can serve a search warrant are the exceptions that make a search warrant not required.
1. Consent: If you give officers permission to search your property or person, they don't need a search warrant.
2. Plain View: If an officer is in a legally permitted area and sees (or smells) something that is evidence of an illegal activity, a search warrant is not required.
3. Arrest: Police can search people and places in connection to an arrest being lawfully made. During this sweep, while looking for weapons and/or accomplices, the plain view exception is in effect.
4. Emergency or Extreme Situations: If the police reasonably suspect that evidence might be destroyed while waiting for a search warrant they can search. If they are made aware of a public safety issue or a threat to the life and/or safety of an individual a warrant is not required
1. Consent: If you give officers permission to search your property or person, they don't need a search warrant.
2. Plain View: If an officer is in a legally permitted area and sees (or smells) something that is evidence of an illegal activity, a search warrant is not required.
3. Arrest: Police can search people and places in connection to an arrest being lawfully made. During this sweep, while looking for weapons and/or accomplices, the plain view exception is in effect.
4. Emergency or Extreme Situations: If the police reasonably suspect that evidence might be destroyed while waiting for a search warrant they can search. If they are made aware of a public safety issue or a threat to the life and/or safety of an individual a warrant is not required
Keep this in Mind:
If an officer needs the assistance of another person to serve a search warrant they can enlist a third person as long as they are present when the warrant is served.
Resources:
Pacts Inc. is not a law office and this information was not prepared by an attorney. Contact an attorney if you need legal assistance.
