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If an officer comes out to someone's home and take's something that they think is stolen; Do they not need to have a warrant,

Whitesburg, KY |

or give something showing they have removed the property or item ?

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Attorney answers 1


Police have the right to investigate a crime, but to enter a residence, they need the owner's consent or a search warrant to enter the home. IF the police have the lawful right to be where they are when they see something in plainview that is criminal in nature, they have additional rights to seize the contraband. If there pursuant to a search warrant, the officer will complete an inventory of items taken and generally leave a copy at the residence. I would consult with a criminal defense attorney in your area for advice to raise your concerns.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..



Thank you for responding to me, I now have a new question, If the said item that was taken for me is proven that it was not even stolen, and that had made a mistake in the first place, because they failed to even check if the item was stolen to start with, what would this outcome be?

Frank Mascagni III

Frank Mascagni III


I don't have enough facts, but if the item is yours and you obtained it lawfully, the police cannot keep it. Contact an attorney to give him/her all the facts, documents, etc., for advice on recovering the item.

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