Is it an illegal raid if the search warrant has a different address on it?

Question

The search warrant has a different address from the property searched.

Jeff Yeh · Answer

Yes.

Edward Blum · Answer

Yes.

Jules N. Fiani · Answer

Yes.

Jacob P. Sartz · Answer

To answer your question requires a thorough review of your file and the applicable case-law. If you need that type of specific legal advice, you should consult privately with an attorney.   Speaking generally, issues with the search warrant would need to be addressed through a timely filed and researched motion to suppress. The court would set the matter for a hearing. If the court concludes that the evidence was obtained from an illegal search, the evidence will be suppressed. However, whether the search itself was legal depends on a litany of factors. There is a lot of case-law because these issues are frequently argued up through the court-levels (appeals, etc.)   Because you are potentially giving the police a chance to testify in a hearing, any motion like this needs to be part of a coherent trial strategy and should only be undertaken if you understand the potential consequences. Occasionally, filing these motions actually helps a prosecutor's case because they generally point to some weaker issue with their proofs. Further, there is never a guarantee that the judge will grant the motion. The prosecutor then has an opportunity to strengthen these issues prior to a trial.  I'd recommend you retain a lawyer to assist you.

Michael J. Breczinski · Answer

Does the description of the property match or is it different. I would have to see the search warrant and get more detail. They may either have made a mistake and raided the wrong property or it was a typo and they raided the right property but with the wrong address typed in.

Seth Bloom · Answer

If the warrant does not, in fact, authorize the search of a particular party this may well make the search illegal or make evidence inadmissible at trial.  This is an issue that needs to be reviewed by an attorney in your jurisdiction who is informed of the relevant facts.

Eric Sterkenburg · Answer

A search warrant is only valid for the address on the warrant.

John DeVito · Answer

One of the central inquiries for a judge or magistrate to consider in issuing a search warrant is whether the items sought, relative to the criminal activity, can be found in the place to be searched. If the police have provided an incorrect address, the general rule is that the search is illegal and any evidence seized from that search shall be suppressed and not admitted at trial. The fact that the wrong address is indicated on the search warrant may notalways mean that the search is illegal. If the description of the property is sufficiently clear in the warrant (it cannot be confused with any other property), the court may find that the warrant adequately identified the property to be searched and any evidence found can be used to trial. Your question is facts specific. An attorney will have to look at all the facts and details relative to the search warrant to determine whether or not the search was illegal.

Michael Harvath · Answer

In order for a police search to be valid, and for evidence obtained from the search to be admissible in court, the search must be conducted pursuant to aproperly obtained and executed search warrant.   If it can be established that the search took placeat a property other than the one listed on the warrant,an attorney could present the legal argument that the warrant was not properly executed. If the argument prevails, the evidence obtainedduring the search would not be admissible in court and an attorney may be able to get thecharges dismissed.   The facts, as in most legal matters, are critically important, and more detail regarding how the search was executed would have to be known to make a more definitive conclusion.

Mark Broughton · Answer

Not necessarily if the officers were acting in good faith. As. With any search warrant, the law is very technical, and whether or not a warrant will be upheld os dependent on the facts of the case. There are, of course, times when searching the wrong address will be held to be invalid. But on the simple fact that the address was wrong, without more, will probably not be enough to invalidate the warrant and the resulting search. You should run the entire situation by a criminal defense attorney to get a detailed analysis.

Craig Orent · Answer

If you have an attorney, you should ask him/her the question. But the answer to the question is not so simple as to be answered in this format. The answer depends on a number of factors which are fact specific. The main point is that when that type of "mistake" happens, an issue certainly exists that your attorney needs to explore. However, the "mistake" does not necessarily by itself result in suppression of evidence and case dismissal. There are additional questions of "reasonableness," and what did the officers know, or what should they have known etc.

Jon Martinez · Answer

Having a search warrant for a different address could very well be considered an illegal search.  There would also be a number of different factors that would come into play as well to determine if you are able to suppress the evidence that may have been seized during the search. For example, if it appears as though the search warrant matched every aspect of the home that was searched except that there was a mistake on the address, it could be considered harmless error and a judge may allow the evidence in.  An example of this would be if the search warrant had the description of the home correct, the occupants and other things that would point to your home as being the correct one searched, the evidence may still be allowed in.  However, if it appears as though the wrong house were searched completely, then you will stand a much better chance to get the evidence suppressed.  Regardless, you will need an attorney to look into every aspect of your case, including the search warrant, in order to put you in the best position possible.  Even if the chances of getting the evidence suppressed were slim because of the factors listed above, it is still something worth fighting.  Perhaps it would lead to a suppression of the evidence and your case being dismissed completely or a better plea offer from the prosecutor in negotiations.

Cindy L. Barton-Coombs · Answer

I would certainly file a motion to quash. If the address is wrong, and there is other information that adequately describes the location the judge may affirm the subpoena, but if not it may be suppressed. That is not one I would just let go. Good luck.

Jared Altman · Answer

Yes. That could be a problem.

Steven Fairlie · Answer

Yes, that is illegal.  The question is why and how far off it is.  I have seen Courts excuse the error where it is a technical defect, such as a warrant that describes the building raided in terms of color, owner, number of bedrooms, layout, inside details, etc. but mistakenly has the address of the other half of a twin, stating that even though the face sheet contained the wrong address the affidavit sufficiently described the premises to be searched.  You should hire a good lawyer to look into this.

Michael Garber · Answer

The warrant is defective if the search is for a different address than the address intended to be searched; however, the courts have created a rule that if the cops acted in good faith in executing the warrant, such as the wrong address on the warrant was due to a typo and the place searched was the intended location, the search may be valid.

Joseph Katz · Answer

You need to consult with an experienced, local Criminal Defense Attorney about the specifics of the case, but in general, a warrant must detail with specificity the location to be searched, as that is part of what a Judge uses to determine if there is cause to issue the warrant. If the police request a warrant to search one location, but search a different location,then the Affidavit in Support of the Warrant from the officer was pointless, because he was not searching the location of which he informed the Court and where, allegedly, there will be evidence of crime. In such a case, a Motion to Traverse/Quash the Warrant, with a Motion to Suppress Evidence (Penal Code section 1538.5) would be appropriate.

James Schoenberger · Answer

Yes, the search is illegal for any address other than the one on the warrant.

Jared Austin · Answer

It very well could be. Warrants are only good for the people, address, and property that are listed on them. There are some good faith mistakes that the courts will forgive by the police but that depends on the facts of the case. Have an attorney review the warrant and the case file to determine if the raid was valid or not.

Gary Moore · Answer

It could make all the difference in a motion to suppress whatever was seized by the police from being used by the prosecutor at the trial.

Louis Leibowitz · Answer

The search warrant must specify the address to be searched. If the search is conducted at a different address, it may be an illegal search. You should consult with an attorney about your specific circumstances.

Thomas Tomko · Answer

A defect in a warrant can lead to suppression of evidence found as a result of that warrant.  This will need to be reviewed by your attorney and an appropriate Motion To Suppress should be brought.  This would include suppression of not only the evidence directly found, but that evidence which is a result of information found as a result of the defective warrant.  I hope that this was helpful.

Steven Raiser · Answer

Yes it would be an illegal search if they conducted their search on the wrong residence.

Aaron Goldsmith · Answer

Search warrants must specifically articulate the address to be searched, and the kinds of materials the police are permitted to take.  If the warrant has a different address than the property searched, then any materials seized are improper, and your lawyer should make a motion to stop the prosecutor from being able to use it.  Your lawyer should also argue that fact in an effort to negotiate a plea.

Steven Decker · Answer

A wrong address on a warrant will probably result in the search being quashed.  There are exceptions , but the state will be limited in finding an excuse.

Joseph Dane · Answer

Possibly.  Sometimes typographical errors will be overlooked by the judge, but if they weren't even close, then there may be an issue.   For example, if they list the house to be searched as 1234 Main Street on the face page of the warrant, but list it correctly as 1243 Main Street everywhere else, then it may be overlooked.  If, however, they searched the wrong house (and they should include a description of the house in the warrant as well), then the search is likely to be seen as unlawful.  Search issues are very fact specific though - change one thing and it could change the entire answer.  Your lawyer is going to have to review everything connected to this case - the warrant, affidavits and reports.

Jeffrey Pollock · Answer

What you described sounds as though the fruits of the search may well be   "suppress-ible."

Leonard Harden · Answer

Yes it can be get a lawyer to read and review search warrant.

Aaron Black · Answer

This could be a big issue. It would be necessary to see what else is listed for the search. If the search was too broad there may be a good argument to suppress evidence.

Kevin Ellmann · Answer

Potentially.  A search warrant must state with particularity the person or place to be searched and the items to be searched for.  Therefore, most search warrants typically contain an address and property description. Depending upon how egregious the error is, the warrant could be invalid.  If it is a mere typo with a number off, but the property description is still good, they can likely get by on a "good-faith" exception.  Bottom line, this is a potentially good issue that needs to be examined further.

Stephen Richards · Answer

Yes. But if the officers rely in good faith on the warrant, the search  may be upheld.

Kathryn Hudson · Answer

A warrant must spell out with particularity the place to be searched and the things to be seized. A warrant that is defective as to the address is void and the search is illegal, anything seized as a result of the search would be "fruits of the poison" tree and not admissible as adverse evidence against the occupant of the dwelling.

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Is it an illegal raid if the search warrant has a different address on it?

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