Laws regarding warrant discovery?

[bunt cake]

Let's open up the discussion regarding the discovery of warrants that have been issued to you.
After a warrant has been issued to you, is anyone obliged to notify of such a warrant? If so, what are the timelines for such notice?
I imagine it probably depends on the type of warrant and the circumstances, so lets give some examples.
1) A search warrant is issued to search a property that is owned (or otherwise controlled by you). It is an open warrant, by this I mean it is not one of the "secret" warrants where they come in and never tell you.
I assume for this sort of warrant, they have to either present the warrant to you if you are present. But if you are not present at the time of the search, how must they notify that the search took place? Do they simply post it on the door? Do they send you a notice in the mail? Do they not send you any notice, but simply tell you if you call the police (if that's the case, how do you find out which law enforcement agency to even call)?
2) Same as scenario (1), except that it is a closed warrant, by this I mean that the authorities can perform a "secret" search without telling you. I gather that this means they can search your premises while you are absent without telling you beforehand or immediately afterward.
Does this mean they NEVER have to disclose that they searched the premises? or does this mean they don't have to tell you for a certain time period (i.e. after 90 days from date of search, or, during a pending investigation)?
3) A phone tap warrant was issued for one of your phone lines for a given period (say 90 days). Upon completion of the tap, do they have to notify you that the tap was conducted? If so, when? and how?
4) Any of the above warrants are issued. Are these part of PUBLIC court records? Could I somewhere look up to see the records of warrants that have been issued? If yes, what are the limits to what information is available? If no, is there any way to find information on warrants that have been issued?
5) How about if someone or some agency ATTEMPTED to gain a warrant but failed. Is this part of the PUBLIC court records? If not, is there ANYWAY at all to find out who has attempted to gain such warrants on you and when?
[ 21 March 2002: Message edited by: bunt cake ]

 

[DrGonzoESQ]

"Discovery" is a legal term, are you intending to use it as such? Cause if so it makes your question a lot harder.

 

[bunt cake]

The term "discovery" as I was using it was not intended in the legal sense. How would the legal term discovery apply to this? I thought "discovery" was the point in a trial when both parties produce and receive the evidence to be used in the case.
If I'm correct in that understanding then I don't think it applies to the question I'm getting at above.
If I'm incorrect, I'd be interested in what the proper meaning of discovery is.
As for the original question, I'm basically just curious how, in each of the instances, one would or could find out the all of the information relating to a warrant as it pertains to them. Is this information public/private? Is anyone obligated to make this information known to you? If so, when and how? How does it differ for the different situations?
Thanks in advance. I realize it's a long, multi-part question and your time and effort in answering it is appreciated.
[ 21 March 2002: Message edited by: bunt cake ]

 

[themagicbean]

"Discovery" refers to the pre-trial phase where information is gathered.
All of the information you seek (about the warrants, not the warrants themselves) should be public record. Go to the courthouse, ask to see the law library, look up criminal procedure/warrants in the index, and refer to the statutes. There are usually references to cases in the supplements (paperbacks sandwiched inbetween the hardbacks). In most cases (here in KS) once a warrant has been issued it's public and if some sort of trial is to follow the defense is most certainly going to take a close look at it. In the case of a search conducted while the citizen was away and nothing was found, it would seem to be more difficult to obtain the information but it would seem to me that it would still be public. Sorry I couldn't give more help.

 

[EtArDeD_2]

I dont know if I undertood what you mean by Secret warrant.
I will explain the rules of warrants to the best of my know how.
Where I come from (IA) the police can't do a "secret" warrant. You won't be able to find out if a warrant has been issued until it is served. I don't believe that a warrant is public record, if it is, it isn't until it has been served. Besides warrants are generally served very soon after it is issued, if not immediately, then within 10 days or it is void. If they serve a warrant and you are not home, they have to read the warrant to the premesis. Sounds stupid but is the truth. After the search has ended they have to leave a copy of the warrant in the premesis where you will see it. And they have to keep an inventory of everything they take and leave a copy for you. May not be in the law books that way but thats the way it's done. Maybe it is different where your from but in IA police are actually very well controlled (from what I've seen and dealt with) the laws and County Attorneys wont put up with police breaking or severely bending the laws to get what they want. Too many cases have gone to court and been thrown out because of those reasons, so police irritatingly put together very good cases in IA. I hope I've atleast somewhat answered your question.

 

[bunt cake]

I believe they are allowed to perform secret warrants where they get the warrant approved, they come in while you're not there, search and acquire evidence and then leave without you ever knowing. I believe the recent terrorist-based legislation expanded these powers as well. I am told that these warrants are significantly more difficult to acquire but nonetheless they are a possibility.
So, in respect to what you said above. Say you have a rental house in IA and it gets searched but you're from California. Do they have to somehow notify you in CA that they searched your premises in IA? Or do they simply have to leave you the warrant on your door in IA? Does this vary from state to state? After the warrant was served, is there a public record of it where you can find it listed (i.e. could you call some government office and have them look it up for you or could you look it up online or find it in a library)?

 

[bunt cake]

I was hoping someone could shed at least some light on this topic.
Hell, I thought it was a rather good topic and was hoping we could add results from this thread to the FAQ.
Does anyone have any info regarding warrants to add?

 

[forgotten]

Well, as far as notification goes, you are usually notified by being arrested. Things such as search warrants, and phone taps are usually granted after the cops give some kind of probable cause (such as a controlled buy), an arrest warrant will probably be issued at the same time.
As far as public records go, anything to do with an ongoing investigation, is going to be tightly controlled. Specific information is not released until the case has reached a final disposition.

 

[bunt cake]

forgotten,
OK, then say they performed a search. You weren't home. They found nothing that enables them to arrest you. Do they have to notify you that the search was performed? Even if the investigation is continuing? If so, is there a time limit? Say an investigation has been going for 3 years or more...do they at some time have to notify you? It seems illogical that they could keep an investigation going indefinitely and not have to at some point notify you.

 

[forgotten]

If an investigation turns up absolutely nothing, chances are you will never hear of it. As far as search warrants go, I believe they have to be signed by the property owner or agent at some point in time it all depends on your states laws.