Legal Question in Criminal Law in Idaho

Re: How specific does a federal search warrant have to be?

I answered this question yesterday.

Re: How specific does a federal search warrant have to be?

One supposes it depends upon the circumstances. If they are searching for weapons possessed by a prohibited person [felon in possession] then a generic description is all that is required, as any firearm will qualify under those circumstances.

If they are looking for illegal firearms, then a more specific description would undoubtedly be required for a search warrant to have the requisite underlying PC.

Too general a description may be fatal to a warrant if a more specific description applies.

Re: How specific does a federal search warrant have to be?

In search warrants, the warrant must be precise for the

purpose of the search. warrants must not be used by the police

as a fishing expidition.

Idaho Code section 19-4403 requires that the search warrant

must particularly describe the "property and the place to be

searched." If the property seized is not the same as that listed

in the warrant the warrant may be subject to being quashed, and any

evidence seized may be excluded by the court as an unlawful search

and seizure pursuant to a motion to suppress evidence.

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