Can they repeat a search without a second warrant? 1 Answers as of November 05, 2010I recently had Sheriffs come into my residence for a computer tampering offense on a La R.S. 14:73.7 and 73.2. After they took the computer they believed it was done on, 5 were left here. Are they allowed to come back and seize any other of my computers because they did not find anything on the first one and hence failed on their end? Just want to make sure because i cannot afford to have them take my business servers for them to waste time looking for nothing. Thanks.
James E Wooldridge Attorney at Law | James Wooldridge
A second search warrant must issue for a second search. The standard is the same in that a second warrant must be based on probable cause to believe there is further evidence of criminal activity. While your only real line of defense against issuance of a second search warrant lies with the judge, who may call BS on a second warrant if the first failed (and if you are in Texas, good luck), your real remedy lies in attacking the warrant and the fruits of the search. That is a long and consuming process so if you are really concerned about a second invasion by law enforcement, you should probably take steps to have backup servers available.
Answer Applies to: Texas