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  1. #1
    assassin is offline Junior Member
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    Search warrant invalid on its face

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

    police executed a search warrant on my residence.i live there with my father
    apparently there was a valid warrant on record,but the one executed at my residence had the wrong names and address on it.

    i realize the police do not have to have a warrant while executing a search,at the same time if they have the warrant with them,when asked to see the warrant and they show it to me it should in fact have my name and address.

    unreasonable search and seizure is police executing a search warrant with the wrong address,city,and names.and when produced to me,i told police it wasnt valid.police looked at the warrant,realized it was in error,at this point they have a responsibility of correctin the warrant to be sure its valid with no mistakes.police were aware of the error before executing the search.if this kind of neglegence,makes it not matter and makes it legal for police to execute a search on your house being invalid on its face is a complete disregard for human rights and the constitution

    the most sacred thing a person has is to be secure in his own home.
  2. #2
    swalsh411 is offline Senior Member
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    So they had a warrant for your residence but didn't have it with them? Like they grabbed the wrong file on the way out the door?

    IF they were not given permission to search (like if they asked "do you mind if we look around?") and IF they found something incriminating during that search and IF you are charged with a crime and IF you are seeking to have that thrown out you will need an attorney to file that motion.
  3. #3
    CdwJava is online now Senior Member
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    Any evidence seized as a result of a bad warrant can possibly be suppressed.

    If you suffered damages as a result of an erroneous warrant, you can make a claim to the agency or agencies involved and then can consult an attorney to sue the agency if they deny the claim.

    Understand that the NAMES on the warrant are less important than the address and the description of the house. It is possible that the address is incorrect so long as the description matches and the affidavit supports the probable cause for the search.

    Now, if a valid search warrant existed, you are out of luck. They do NOT need to present you with the warrant immediately. They DO need to provide a copy of the search warrant and a receipt for any property seized before they depart, but if they fail to do so this procedural violation will not result in the exclusion of any evidence. So, if a valid search warrant existed at the office, you really have nothing to go on here.
    Last edited by CdwJava; 04-30-2010 at 06:51 PM.
    A Nor Cal Cop Sergeant

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    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

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  4. #4
    justalayman is offline Senior Member
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    carl, it sounds like the warrant for the OP's was was errantly left back at the precinct and the one the police had in hand was for some other intended search.

    different address and different name

    does that make any difference?
  5. #5
    CdwJava is online now Senior Member
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    Quote Originally Posted by justalayman View Post
    carl, it sounds like the warrant for the OP's was was errantly left back at the precinct and the one the police had in hand was for some other intended search.

    different address and different name

    does that make any difference?
    Yeah ... I re-read it and noticed that.

    It makes a huge difference as I added above. The procedural foul-up should not cause any evidence to be tossed, and should not give grounds for any civil suit.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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