How do I defend myself if there was a mistake on a search warrant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How do I defend myself if there was a mistake on a search warrant?
Is it still valid?
Asked on July 5, 2015 under Criminal Law, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You don't indicate just what the mistake was. The rule is that a warrant must be specific in the location and the person(s) to be searched, it must also be reasonable in scope so as to uncover contraband or evidence of a crime, and the warrant must be sworn under oath and approved by a judge.
If the mistake was something such as an incorrect description of the person subject to the search (e.g. their weight), then it probably won't matter much if it was just slightly off. However, if the warrant listed the wrong address, then it would matter a great deal.
Bottom line, did the police find anything during the search that can be used against you, etc.? If so, you will need to go over the details of your situation with a criminal defense attorney. They can best advise you further.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.