Revising my first mystery — question about a search warrant

Saoirse said:

Hi everyone. I am in the process of revising my first mystery and I came up with a new scene to reveal a very important clue. However, I know next to nothing about how police work actually happens. I did look this up but found conflicting things.

So here's the situation. One of my characters sets a bomb that explodes and puts another character in a coma. It is suspected to be attempted murder. You'd think, heh. The bomb was in the first character's backyard. Do the police need a search warrant, or is the attempted murder probable cause to look for evidence?

You've got a few things going on here, including timeline, that make this question not a yes-or-no type deal. So, let's say a bomb goes off, someone is injured, someone calls an ambulance, and the cops roll out, either from the 911 or from someone in the neighbourhood calling 911 or the precinct to say something 'sploded. I'm just using a generic-ish scenario that seems to go along with your thing. Responding cops will, presumably, notice this was a deliberately-made or whatever incendiary device. They'll cordon off the area once the victim is removed and call for detectives and likely the bomb squad.

The below has a couple of codas, related to the location of the house to the bomb in the yard, what, if anything they know about the suspect, what type/size device, etc. They might call a bomb squad to go through and determine if there's anything else dangerous before any of this happens. That can depend on some of the above, plus size of department, location, etc.

Detectives will respond, likely with forensic people, who will comb the scene. Presumably, they'd likely want the owners/tenants of the house and at least bring them in for questioning.

Here's where you get a little tricky. It's safer to call a judge and get a warrant for the interior of the house, a broad one looking for bomb-making components, information, evidence of whatever relates to your thing. However, while looking for other crap in the house, if they SEE other crap in the house, that's probably going to pass muster. Regardless, they probably want the electronics (computers, etc.), paperwork, etc. etc., so anyone with half a brain is calling for a warrant, because they'll get one in a hot second.

And in searching for this evidence, can they dig into the ground to find it?

That's where you likely need a warrant unless they're digging because they saw something that was clearly visible that led them to dig.

I knew mysteries were tough, but making it realistic? Whole nother kettle of fish.

Thank you in advance.

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Cornflake is correct, but it can get stickier than that. The police do not need a warrant during the initial response to the crime scene, and might even get away w/ a cursory search of the house to look for other victims (exigent circumstance exception to the 4th Amendment). But after that, they would need the warrant to do a detailed search. Let's say during the cursor search incriminating evidence is found. This gives the police their probably cause to get the warrant and do the detailed search.

Definitely a complex issue. And I'm far from an expert, but I think exigent circumstances could also apply to the possibility that another bomb is on the site. If that's a risk, police likely could justify tearing the place apart right away because another explosion would endanger public safety as well as potentially destroy evidence. So you probably could write this a number of ways and justify the search (or not) to suit the story.

FYI, there's an AW Q&A forum called Research that might also be helpful:

http://absolutewrite.com/forums/forumdisplay.php?66-Research

Good luck!

Let's put it in practical terms. Police will secure the scene and ensure no other explosive devices exist. This may include a search of the premises and, if they can articulate the need for urgency (exigent circumstances) they can use what they find without a warrant.

But, and it's a big but, any prosecutor will want a search warrant and any police investigator will get one as soon as it is feasible and safe. There is always a judge on call and a simple phone call will get a warrant for the situation you describe rather quickly (depends on where, who, etc.). Any officer will deliver that warrant to the scene and can use lights and siren to get it there quickly.

Jeff

Police search

Hi Saoirse,

I'm far from an expert on police procedure, but I have read a lot and done so for a number of years too great to mention here. Based on the premise you explained the police would undoubtedly tape off the entire property and label it a crime scene. Being a crime scene and having a bomb explode on the property would be grounds to search the entire area including all buildings on the property and anything above or below said property in plain sight or hidden. Based on my research each jurisdiction is different, but basic rules for search and seizure apply on a uniform basis. Keep in mind a judge has to sign the search warrant and the officer applying has to give adequate grounds for the type of search he or she wants to conduct. Also each jurisdiction is different, judges either liberal or conservative. This gives you the writer wide latitude in description. rainy

cornflake said:

'sploded

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555...OMG...funniest word I've read all day!

Just a funny story involving a 'splosion ...

A local judge got into his vehicle, which was parked in front of his house, and there was an explosion right where the hood meets with the vents near the windshield. The judge was wounded and taken to a hospital. Everyone was thinking someone just tried to blow up a judge, which would have been quite a big deal. There's even a "bomb fragment" left behind.

Turned out a meteor struck the judge's car. No bomb at all.

Moral of the story...just because there's an explosion in a place and/or during a time that would typically be found unusual, that doesn't mean it's the result of a bomb intending to injure or kill anyone.