Legal Question in Criminal Law in Nebraska

When do the police have to present the search warrant to a suspect? Does the suspect need to be at the home? My sister was taken to jail when the search warrent was asked for and issued and the warrants were sitting on her table when she was released from jail the next day. The warrant was faxed from the judge at 17:13 and the weapons were taken at 16:50. Is this legal?


Asked on 2/09/11, 10:47 am

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

It depends on whether or not a search warrant was needed to confiscate the weapons and arrest your sister. Without seeing all of the reports, I can only guess that the police did not need a warrant to make an arrest or seize the weapons and that the warrant was obtained to search the rest of the house for other weapons or contraband. In that case, your sister did not need to be present when they received the warrant and searched the rest of the home. There are a number of other things to be considered as to whether or not it was a lawful arrest and seizure which her lawyer can discuss with her. If she cannot afford a lawyer, the court will appoint one to represent her.

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Answered on 2/10/11, 6:36 am


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