Arrest, Search, Seizure, Warrant When must you be presented withe the search warrant?

[DEALIES]

My boyfriend's house was "raided" by the Delaware County Drug Task Force. When they cam in he asked to see the search warrant. They immediately started throwing him around when he was making no threats and said to him "We don't have to show you shi*, we just have to tell you we have it." They then proceede to tear the apartment apart from top to bottom. They found a VERY SMALL amount of marijuana, 3 morphine pills, a scale, and paraphinalia. He is also on probation so this is really screwing him. He did not see the search warrant until after he was arraigned. They stuffed it in his pocket right before he went in front of the judge. Is this Illegal Search and Seizure? Can we do anything about it? Thank you very much.

 

[Michael Wechsler]

My understanding is that as a general rule, Federal agents are required to provide a copy of the warrant before they leave and as a rule present a copy when they enter. I don't know if rules are different in your instance and someone with more experience in this area can comment on areas to challenge regarding the search. I'm not sure if giving you a copy of the warrant later than they should would affect the validity of the search in its entirety. If signed by the judge then the authority is there. The focus might be on whether the search, as conducted, did not comply with guidelines such as your presence, inventory, etc. and challenge chain of custody.

Originally posted by DEA_LIES
My boyfriend's house was "raided" by the Delaware County Drug Task Force. When they cam in he asked to see the search warrant. They immediately started throwing him around when he was making no threats and said to him "We don't have to show you shi*, we just have to tell you we have it." They then proceede to tear the apartment apart from top to bottom. They found a VERY SMALL amount of marijuana, 3 morphine pills, a scale, and paraphinalia. He is also on probation so this is really screwing him. He did not see the search warrant until after he was arraigned. They stuffed it in his pocket right before he went in front of the judge. Is this Illegal Search and Seizure? Can we do anything about it? Thank you very much.