question.jpgIn Criminal Law

How should a search warrant be executed?

Though there are no fast rules on the timing of a search warrant, unless there is a overriding need, most warrants are served in the daytime. Under most circumstances, police must first knock and announce their presence before entering; and officers are only allowed to look in places where the items to be seized might reasonably be located. However, while executing the warrant they may seize other incriminating evidence that is in plain view. Moreover, the police cannot search other people who happen to be present at the location of the search, though they can detain people who are present at the location of the search.