Legal Question in Criminal Law in Virginia

search warrant finds nothing to seize

when police enter and search and the evidence that they were looking for is not there does the searchee have to provide anything more that is not in the area of the search and would the searchee be liable and or arrested if did not give up the oject of their search?


Asked on 3/07/03, 10:09 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: search warrant finds nothing to seize

The warrant legally permits the officers to search

the areas specified in the affidavit wherein it is believed that there is probable cause to think that there may be evidence of a crime. And nothing further. Such a warrant does not authorize officers to search people who are found on the premises being searched unless it is done incident to their arrest nor does it require that

such people answer questions or divulge other information.

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Answered on 3/10/03, 9:46 am


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