QUESTION
Will the warrant be upheld if the description of the home searched was wrong?
Asked on May 09th, 2015 on Criminal Law - Utah
More details to this question:
The search warrant served has the correct address but describes the home as a single story ground level structure. The house actually is two stories. I was in the basement at the time of the raid. I was cuffed there and all the evidence collected against me was gathered from the basement as well as taken off my person.
3 ANSWERS
Travis Christiansen
That may be enough to suppress the evidence, however, that summary of facts you provided is not sufficient to say for sure. An attorney would need to do a careful review of the court documents etc.
Answered on May 12th, 2015 at 10:16 AM
Estate Planning Attorney serving Provo, UT
at
Randy M. Lish, Attorney at Law
Update Your Profile
Technicalities do not make the warrant invalid, especially if they got the correct house and address.
Answered on May 12th, 2015 at 9:45 AM
1 Award
Usually, judges do not invalidate a search warrant based on technicalities such as you described.
Answered on May 12th, 2015 at 9:06 AM