There are a lot of misconceptions flying around about the legality of search warrants and what they really entitle police officers to do. In today’s blog, we hope to clear up some of those misconceptions and provide you with some insights about search warrant execution in Minnesota so you can protect your property and your individual rights.
Fact Vs. Fiction
Here are five myths about search warrants and their execution in Minnesota:
1. Warrants are reserved for severe offenses – A search warrant can be executed for any offense, including a felony, gross misdemeanor or misdemeanor offense. Some municipal ordinance violations are also subject to search warrant execution!
2. Police have to hand a search warrant to a person before executing the order – This is not true, and in many cases, police intentionally wait until the offender has left the property in order to execute the search warrant. They do this in order to ensure officer safety, especially if they suspect or know that the individual may have access to firearms inside the residence. If there is reasonable suspicion that announcing their presence could put them in danger or give the offender time to destroy evidence, they do not need to knock or alert the offender of their presence before beginning the execution of the order.
3. Any commanding officer or judge can issue a search warrant – In Minnesota, a search warrant can only be issued by a judge who has jurisdiction in the county where the search will take place. This helps to ensure that certain officials aren’t blindly issuing countless warrants without enough evidence.
4. Search warrants can be issued for any reason – Under Minnesota law, here are the five instances for which a search warrant can be issued:
- The property or things were stolen or embezzled;
- The property or things were used as the means of committing a crime;
- The possession of the property or things constitutes a crime;
- The property or things are in the possession of a person with the intent to use them as a means of committing a crime, or the property or things so intended to be used are in the possession of another to whom they have been delivered for the purpose of concealing them or preventing their being discovered; or
- The property or things to be seized consist of any item or constitute any evidence which tends to show a crime has been committed, or tends to show that a particular person has committed a crime.
5. Search warrants never expire – Minnesota law states that search warrants must be executed within 10 days of their issuance, otherwise they become invalid.
If you are facing an arrest or feel that your search warrant was not executed justly, reach out to Appelman Law Firm at (952) 224-2277 today.
