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Illegal Search Warrent?

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PISTOL

Junior Member
What is the name of your state? California

First, Thank You for taking your time to read my question.

The situation is: a search warrent was served by the sheriff, at the home of a friend. I do not know what it was issued for. I believe it was for evidence that there was a chop shop on the premises. On the warrent, it had the name, that was supposed to be the owner of the property. It was not her name. She is the sole owner of the property. Items were confiscated and an arrest was made.(not her) The items are legaly hers and did not belong to the person arrested. 3 vidio cameras and moniters were smashed and her home was turned inside out.
Is this a legal search? And when does she get her property back?
 


CdwJava

Senior Member
PISTOL said:
The situation is: a search warrent was served by the sheriff, at the home of a friend. I do not know what it was issued for. I believe it was for evidence that there was a chop shop on the premises. On the warrent, it had the name, that was supposed to be the owner of the property. It was not her name. She is the sole owner of the property. Items were confiscated and an arrest was made.(not her) The items are legaly hers and did not belong to the person arrested. 3 vidio cameras and moniters were smashed and her home was turned inside out.
Is this a legal search? And when does she get her property back?
A search warrant is made for the premises - the actual owner of the property is not usually necessary for the issuance of a search warrant unless it is relevant to tying an individual who is suspected of some crime to the property itself.

The search sounds legal on the limited information you provided. For the most part, a search made with a warrant is going to be good. Unless the affidavit was based on knowingly fictitious information, the chances are it was valid as it was signed by a judge thus indicating that there was sufficient probable cause to believe evidence of criminal activity would be found on the property.

If the items seized are being held as evidence, she will not likely get her property back for a very long time ... at least not until after trial and appeal.

- Carl
 

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