QUESTION
Can a search warrant stand up with the wrong address on it?
Asked on Apr 03rd, 2013 on Criminal Law - Rhode Island
More details to this question:
If police have a search warrant and come in your home and find evidence but the search warrant they have has the wrong address on it does that stand up in court?
5 ANSWERS
Michael J. Breczinski
It depends on whether it is a typo or what.? The search warrant will usually also describe the place like " A white two story wooden white structure..." If it is obliviously the right place then the search warrant will stand up.
Answered on Apr 08th, 2013 at 1:55 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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It can, unless the search warrant is challenged and the evidence obtained is suppressed. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Apr 05th, 2013 at 4:50 AM
No, not likely but there are circumstances where it would and only an attorney with access to the search warrant can properly advise you.
Answered on Apr 05th, 2013 at 4:00 AM
Federal Criminal Law Attorney serving Fresno, CA
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Mark A. Broughton, PC
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Depending on the specific facts of the case, it could be an issue that could invalidate the search and seizure of evidence. On the other hand, a simple typographical error is usually not enough to invalidate a search otherwise based on sufficient probable cause. Your lawyer will (should) know how to handle this issue.
Answered on Apr 04th, 2013 at 9:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Need the details, it is a potential defense if the search warrant was actually intended for another location.
Answered on Apr 04th, 2013 at 8:22 PM