Here’s a question that comes up from time to time: May a search warrant issue for a residence in which an apparent suicide has taken place, in order to rule out the possibility of foul play? Generally, I don’t think so, for the reasons given below. A search warrant requires probable cause to believe a crime has been committed. Under G.S. 15A-245(b), a judicial official must issue a search warrant if the application shows that “there is probable cause to believe that the search will discover items . . . subject to seizure under G.S. 15A-242.” The latter statute encompasses stolen property; contraband; items used to commit a crime; and evidence of a crime. If no crime has been committed, there is no statutory authority to issue a search warrant. Likewise, as a constitutional matter, a warrant may issue only where “there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Illinois v. Gates, 462 U.S. 213 (1983). Suicide isn’t a crime. G.S. 14-17.1 provides “[t]he common-law crime of suicide is hereby abolished.” So a search warrant can’t be based on probable cause to believe that a suicide took place. Ruling out homicide isn’t probable cause. In some cases, there will be reason to suspect that a reported suicide is in fact a homicide, as when there are signs of forced entry together with the “suicide,” or when the “suicide” was committed by stabbing or another means indicative of homicide. In such [...]
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