>From:    Joyce Miller <[log in to unmask]>
>>If a neighbor threatens your skinnies, let them know that any search
>>warrant must have their full name on it to be valid...
 
>Errr...  And it still won't be valid...  A third party cannot give valid
>consent to search premises unless they have "joint access and control for
>most purposes." I.e., NOT your landlord, not your girlfriend who just
 
I think there's a bit of a misunderstanding here.  What I think Joyce meant,
and was alluded to by Jim in an earlier post, is that their full name must
appear as *the complaining party, or the party on whose complaint an
assumption of reasonable cause is based.*
 
This has nothing to do with *permission* to enter your home; by definition,
they (the authorities) probably obtained the warrant because they knew or
suspected that you would not give them permission to search your home;
therefore, they obtain permission (for want of a better term) from *the
judge*.
 
The point being, your neighbor's name must appear as the complaining party,
which, as Jim pointed out, can often be enough to discourage said neighbor
from complaining in the first place (especially if your wardrobe contains
lots of leather and cutlery =)..
 
That, I think, at least clears up the original poster's intent.  My
question, now is, is this true (that the complaining party's name must
appear on the warrant) for all 50 states and all various municipalities?
(I'll leave discussion of the process outside the U.S.  to those, uh,
outside the U.S.  :) I.e., is this specified in the Constitution or some
Federal law or could this vary by state?
 
Sorry, this could get off topic, but for now I think it's *very* topical for
our friends in FFZ's...and I agree with Jim; know your rights, don't "cave
in" just because you see a uniform; they should at least give you a chance
to get your fuzzies safely out of state.  If not, well, "...from my cold
dead hands."
 
Ed
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[Posted in FML issue 1550]