Legal Question in Criminal Law in Maryland
Is it legal if the police had a warrant for my nephews arrest, to come in and raid my sister's house? She asked for an warrant and they told her that it was outside. 10 minutes later, they brought it back after rummaging through the whole house. My nephew didn't hide or run, so does that give them right to search the house for everything else?
Asked on 2/08/11, 1:47 pm
1 Answer from Attorneys
William Welch
William L. Welch, III Attorney
An arrest warrant does not authorize a search beyond where the person named in it might grab a weapon. A search warrant or an exception such as an emergency or contraband in plain view would have been required.
Answered on 2/08/11, 2:12 pm
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