Invalid Search Warrant?

[vigue90]

What is the name of your state (only U.S. law)? Washington


My friends house was searched last night during a college party. The way they found was because of party invites on facebook. The page said alcohol would be sold there. The cops came with a warrant but it was extremely broad and instead of being signed by a Judge, the words "Judge" and "District court" were crossed out, and it was signed by the Spokane County Superior Court Commission (the Superior Court Commission was handwritten on the search warrant). I believe almost 30 out of 37 people received M.I.P.'s with houseowners getting more citations. Is this warrant valid? I can send a copy of the warrant to whomever it concerns.

 

[cyjeff]

Send it to your attorney.

You need one.

You really advertised an illegal activity on Facebook? Really?

 

[vigue90]

I wasn't the one that posted it which really doesn't make a difference. I've just been looking over the warrant and it looks like there are a few flaws in it but I'm obviously not an expert so I'm looking for advice. Also, I plan on talking to attorney's on Monday morning but I'm just trying to get any advice before hand so I understand what we are dealing with.

 

[cyjeff]

I wasn't the one that posted it which really doesn't make a difference. I've just been looking over the warrant and it looks like there are a few flaws in it but I'm obviously not an expert so I'm looking for advice. Also, I plan on talking to attorney's on Monday morning but I'm just trying to get any advice before hand so I understand what we are dealing with.

On it's face, it sounds proper... but I haven't seen it.

Your attorney will be able to tell you if whomever issued it had the authority to do so.

I will say that advertising illegal activity on the internet really helps law enforcement.

 

[vigue90]

Yes I would agree with you the whole online thing was a major mistake. Could I email you with a copy of the warrant? I'm assuming you could probably decipher it a lot better then myself.

 

[cyjeff]

Yes I would agree with you the whole online thing was a major mistake. Could I email you with a copy of the warrant? I'm assuming you could probably decipher it a lot better then myself.

I am not an attorney. I certainly won't give out my email address.

Take it to YOUR attorney.

 

[vigue90]

Ok, if anyone has anymore help/advice please let me know.

I was always under the assumption that ONLY a Judge can sign a warrant. Is this true? Can a Superior Court Commissioner Sign it? On the city's website, under superior court, Judges and Commissioner's are listed separately.

 

[>Charlotte<]

I was always under the assumption that ONLY a Judge can sign a warrant. Is this true? Can a Superior Court Commissioner Sign it? On the city's website, under superior court, Judges and Commissioner's are listed separately.

According to what I found on the Spokane County Superior Court site, commissioners have some of the same powers and duties of the judges, and judges can assign certain powers and duties to the commissioners.

 

[tranquility]

Actually, a search warrant needs to be issued by a neutral "magistrate". What that is is dependent on case law and statute and took a week to study in Civil Procedure. You need to see an attorney who practices in the state where the search warrant was served. However, it is unlikely that in this day and age a warrant was issued by a party which is not empowered to do so as it wastes a lot of police resources and would tend to anger the powers that be when any of those covered gets an attorney.

 

[>Charlotte<]

vigue90, I should be more clear.

I found this:

LCrR 2.3 SEARCH AND SEIZURE. Search Warrant Custody and Control.
The Superior Court judge authorizing a search warrant will retain custody
and control of the affidavit for search warrant and the search warrant until executed or returned unexecuted.

And then I found the information about certain powers being delegated to commissioners by Superior Court judges. It did not specifically say warrants are one of those powers, but I'd be surprised if they're not. I'd be willing to bet the strategic talents of your local law enforcement is at least a couple levels above "Hey, look, your shoelaces are untied!"

 

[vigue90]

Hey, I really want to thank everyone for the help and advice you have given. Feel free to give any more

 

[AgentSmithers]

Hmm this is very interesting I like to know how this goes for you if the Commissioner was never given this power to issues warrant's specifically! Let us know!

 

[Country Living]

vigue90, I reported the post you put up around midnight. The link you inserted contained personal identifying information.