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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 04-18-2004, 03:21 AM
ranover1
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incorrect info on search warrant


What is the name of your state?kansas

i was served a search warrant on march 19th of this year by the u.s. district court. on this warrant it reads "you are hereby commanded to search on or before this date" and witten in the blank space is march 29th 2003 wich would make them almost a year to late because its 2004. they took my computer, eletronics, and guns which were registered and legal
my question is with the wrong date is this search warrant valid and legal? and if not the u.s. government would have entered my house illegally and what they took would be returned to me and the case dropped correct?
  #2  
Old 04-18-2004, 04:40 AM
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Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,190
The situation with search warrants. tickets,and citations are often wrong. It is called human error.(I think you understand that). Lots of search warrants, tickets, you name it will be written with the wrong date (Like after New Years). Unless the error is extreme, like getting a person's name completely wrong on the warrant, then the mistake of the date is not fatal to the pursuit of justice and prosecution will continue. You can try to defend on the grounds of minor errors, but usually, if the rest of the warrant is proper, minor gramatical errors will not provide a defense.


That means what?
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Last edited by Shay-Pari'e; 04-18-2004 at 05:55 AM.
  #3  
Old 04-20-2004, 07:53 AM
budro2u2000
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Re: incorrect info on search warrant


Quote:
Originally posted by ranover1
What is the name of your state?kansas

i was served a search warrant on march 19th of this year by the u.s. district court. on this warrant it reads "you are hereby commanded to search on or before this date" and witten in the blank space is march 29th 2003 wich would make them almost a year to late because its 2004. they took my computer, eletronics, and guns which were registered and legal
my question is with the wrong date is this search warrant valid and legal? and if not the u.s. government would have entered my house illegally and what they took would be returned to me and the case dropped correct?
been there done that.. incorrect names , incorrect dates, dont mean crap on a warrant it can read on or about and also name of john doe.. get ready you have been served..
  #4  
Old 05-01-2004, 02:28 AM
NorthDA
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Search Warrant


budro-

I hate to say this, but it really doesn't matter. At the time the judge/magistrate signed the thing, he knew what year it was; and more importantly, he knew that probable cause was established in the application for the warrant to search the location w/in the next 10 days.

Feel free to fight it. But you might as well buy a lottery ticket too.

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I am not your lawyer, this is not legal advice. You should know this by now...
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