NCJ Number
102177
Journal
Search and Seizure Law Report Volume: 13 Issue: 4 Dated: (April 1986) Pages: 25-32
Date Published
1986
Length
8 pages
Annotation
This review of case law on search warrant execution considers the scope of 'premises,' searches of vehicles on or near 'premises,' searches of neighboring areas, access to 'premises' through areas not described in the warrant, search intensity and thoroughness, property damage during the search, and third parties in search areas.
Abstract
'Premises' include appurtenances to buildings specified in the warrant and land immediately surrounding and associated with the buildings. A search warrant authorizing a search of described premises has typically been held to empower the executing officers to search any vehicles owned or controlled by the premises owner which are upon the premises. Courts have generally held that areas not particularly described in a search warrant, including areas immediately adjacent to those so described, may not be searched under the warrant's authority. Officers, however, may lawfully gain access to the warrant search area through areas not described in the warrant, providing that the unauthorized entry is reasonable and necessary. The intensity and thoroughness of the search are governed by the principle that all areas and enclosures within the premises may be searched over a reasonable period of time until the described objects are found, after which time the search should cease. Any property damage by executing officers is permissible only if it is necessary to perform an authorized search. A warrant to search a place cannot normally be construed to authorize a search of third parties on the premises.