Arrest, Search, Seizure, Warrant Hypothetical Question

[onetime567]

What would happen in this situation? Does it give enough probable cause to conduct a search? What about a search of someone's house?

Lets say someone goes up to a law enforcment official, maybe a police officer or a investigator and says "I have committed a misdemeanor". This is the only statement that the person would say and he or she does not give any specific details as to when where why what or how of the situation.

Does this constitute a warrant for a search of the person's house? What about on the person themseleves?

I have seen this question on a forum before and I have heard a lot of different opinions. Anyone have any ideas on what could happen?

 

[CdwJava]

Lets say someone goes up to a law enforcment official, maybe a police officer or a investigator and says "I have committed a misdemeanor". This is the only statement that the person would say and he or she does not give any specific details as to when where why what or how of the situation.

Does this constitute a warrant for a search of the person's house? What about on the person themseleves?

No. Because a warrant is an order signed by a judge based upon an affidavit articulating good cause to believe that the property to be seized is on or within the property to be searched. Such a statement of admission to a generic crime is neither a warrant, nor would it - by itself - give rise to good cause for the issuance of a warrant since the application could not possibly contain an account of what items are being sought in the search.

The police could articulate good cause to do a pat-down for weapons of the individual and certainly ask him to empty his pockets or if they had permission to search his person any further. By itself, such an admission is not likely to justify a strip search or an intrusive examination of his person or belongings. But, it all depends upon the specific circumstances.


- Carl