When serving a search warrant on a residence, do officers need a separate warrant for any locked safes or lock boxes found during the search?

Question

When serving a search warrant on a residence, do officers need a separate warrant for any locked safes or lock boxes found during the search?

Answer

Not usually, but it can depend.

Normally a warrant contains language that allows them to open any lockednornsealed container that could reasonably contain what they were looking for.

If they had a search warrant for a stolen washing machine, they would have a hard time trying to justify why they opened a small locked box.

But if they were looking for drugs, different story.

If this is your case, you need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard. Find someone well-versed in search warrants.

Answer

I agree with Mr. Dane. But even if it is for a stolen washing machine, the warrant may also authorize a search for indicia which would allow the search of a locked box or safe.