bad warrant

[escapade]

What is the name of your state? california

 

[The Occultist]

What about it?

 

[CdwJava]

Here was the OP's original post made on another thread:

My house was raided and they found guns,drugs and money.The only problem is the search warrant was dated for August 19 and they raided my house on july 19.Do i have any recourse?

In answer: you need to consult a local attorney. If the search warrant was deficient on its face, it is POSSIBLE that any evidence seized might be suppressed. Although, the state might still be able to make an argument for inevitable discovery so be prepared for another defense if that should fail.

Consult local counsel immediately. Oh, and stop slinging dope ... for everyone's sake.

- Carl

 

[outonbail]

I would have to think that the date being off by exactly one month, is nothing more than a typo on the part of whoever did the actual typing up of the warrant and not the date requested or agreed to by the signing judge or magistrate. Hence, a typo is not going to invalidate the warrant.

I copied the following from the California penal code:

1534. (a) A search warrant shall be executed and returned within 10
days after date of issuance. A warrant executed within the 10-day
period shall be deemed to have been timely executed and no further
showing of timeliness need be made. After the expiration of 10 days,
the warrant, unless executed, is void. The documents and records of
the court relating to the warrant need not be open to the public
until the execution and return of the warrant or the expiration of
the 10-day period after issuance. Thereafter, if the warrant has
been executed, the documents and records shall be open to the public
as a judicial record.
(b) If a duplicate original search warrant has been executed, the
peace officer who executed the warrant shall enter the exact time of
its execution on its face.
(c) A search warrant may be made returnable before the issuing
magistrate or his court.

So,in light of the above, I don't imagine that any police agency would request a warrant thirty days in advance or that a judge would issue such a warrant. This is why I believe it was simply a typo.

The following information also claims that seized evidence will be allowed to stand if the officers acted in good faith:

Searches, seizures, and arrests made pursuant to a defective warrant may be justified if the officer was proceeding in "good faith." The Supreme Court has said that a search made pursuant to a warrant that is later declared invalid (i.e., it fails to meet the requirements for a valid warrant) will still be considered reasonable under the Fourth Amendment so long as the warrant was issued by a magistrate and the defect was not the result of willful police deception (see United States v. Leon, 468 U.S. 897 [1984]). This exception to the warrant requirement was created so as not to punish honest police officers who have done nothing wrong while acting in accordance with an ostensibly valid warrant.

 

[CdwJava]

I suspect you are right and that it was a typo. However, I have seen such deficiencies invalidate warrants in the past, so there IS a chance that a creative attorney might be able to suppress the evidence. I would hope not, but ...

- Carl

 

[escapade]

the warrant im speaking of also didnt have a serial number and was for embezzlement

 

[CdwJava]

Whether not having a court case number is an issue is something your attorney can look at.

Even if the warrant and any evidence found is suppressed, there is still the likelihood they can pursue charges anyway. It does not automatically exonerate you of the crimes alleged.

- Carl

 

[outonbail]

the warrant im speaking of also didnt have a serial number and was for embezzlement

Are you saying the police suspected you of embezzlement. But when they served the warrant and searched your home, they found drugs, guns and money?

You sound like a real jack of all trades,,,, how are you at prison escapes? You may want to brush up on that particular field of crime,,, just to be prepared for the worse case scenario type of thing,,,