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evangaline
11-02-2014, 11:58 PM
Hope someone can help with this: If a suspect/person of interest in a kidnapping and possible murder (not yet arrested due to lack of evidence) hangs himself in his apartment, do police still need a search warrant to search the premises? And regardless of the answer, does it vary from state to state? Thanks, guys!

asroc
11-03-2014, 12:13 AM
Do the cops know the guy inside is dead?

Ken
11-03-2014, 12:16 AM
well if he has, then why bother with the search warrant even if needed
if it's a crime scene cops have the right to investigate the scene, thoroughly
of course they may not be able to technically search, but well they still can for the investigation

just something to consider

jclarkdawe
11-03-2014, 01:25 AM
So many variables that it isn't anywhere close to be funny.

Short answer is they can enter the apartment for a welfare check and look at anything that is in plain view and/or necessary to determine the welfare of the apartment's occupant. Beyond that, they need a search warrant.

However, as the evidence that the police would find would not need to be admitted into court, as the defendant is dead, the search would probably never be questioned.

A better idea of what you need will get you a better answer.

Best of luck,

Jim Clark-Dawe

T Robinson
11-03-2014, 03:34 AM
Hope someone can help with this: If a suspect/person of interest in a kidnapping and possible murder (not yet arrested due to lack of evidence) hangs himself in his apartment, do police still need a search warrant to search the premises? And regardless of the answer, does it vary from state to state? Thanks, guys!

Almost everything varies from state to state to commonwealth. You need to give quite a bit more information for us to give you any kind of answer, like Jim told you. For example, if state lines have been crossed, it might be federal agencies involved.

mirandashell
11-04-2014, 01:48 AM
But if the 'search' turned up something that incriminates someone else up to their eyeballs, is that evidence admissable in court?

jclarkdawe
11-04-2014, 02:04 AM
But if the 'search' turned up something that incriminates someone else up to their eyeballs, is that evidence admissable in court?

Too unpredictable to answer. Smart police departments get a search warrant whenever they think they might need it. Dumb police departments end up giving really good plea deals or having cases tossed.

Best of luck,

Jim Clark-Dawe