is there grounds to quash a search warrant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
is there grounds to quash a search warrant?
on the search warrant it listed 1. the first address, 2.our address, only the outside description and 3. the 1st defendent and his description, then it goes on to list what to look for, drugs, cell phones, money etc. it never once mentioned mine or my husbands name
Asked on June 21, 2009 under Criminal Law, California
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
The fourth amendment to the United States constitution requires that there be probable cause before a search warrant is issued (i.e. signed by a judge). Based upon the facts provided, it is unclear whether the warrant at issue lacked probable cause, and/or otherwise was illegal or invalid. However, if your property has been subject to a search warrant I suggest you consult with and/or retain a criminal defense attorney. If you feel that the warrant is invalid, or, if an invalid search warrant led to evidence being obtained which is now being used to prosecute you, your defense attorney will be able to advise you with respect to the appropriate steps to take to either prevent the search or suppress the evidence that resulted from it.
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.