search warrant INVALID PLEASE READ.

[cutiebum]

What is the name of your state (only U.S. law)?
hi well this is for Canada but i think it's basic search warrant stuff so i will ask anyway.


When a search warrant is issued and it says residence and out buildings and doesn't mention the mobile home on the property would this be quashed in court as they searched the mobile home and it wasn't mentioned in the warrant that it would be searched.

There is a house and a barn and a cottage and a mobile home on the property.

 

[Proserpina]

What is the name of your state (only U.S. law)?
hi well this is for Canada but i think it's basic search warrant stuff so i will ask anyway.

Believe it or not, the laws in the two countries often differ greatly.

 

[sandyclaus]

What is the name of your state (only U.S. law)?
hi well this is for Canada but i think it's basic search warrant stuff so i will ask anyway.


When a search warrant is issued and it says residence and out buildings and doesn't mention the mobile home on the property would this be quashed in court as they searched the mobile home and it wasn't mentioned in the warrant that it would be searched.

There is a house and a barn and a cottage and a mobile home on the property.

Here is a legal definition I found:

outbuilding n. a structure not connected with the primary residence on a parcel of property. This may include a shed, garage, barn, cabana, pool house, or cottage.

Whether or not that definition applies in Canadian law or if they have a different definition, we don't know.

It does sound, however, like it was a really bad idea to hide whatever you were hiding from the cops in the mobile home...

 

[cutiebum]

Here is a legal definition I found:


Whether or not that definition applies in Canadian law or if they have a different definition, we don't know.

It does sound, however, like it was a really bad idea to hide whatever you were hiding from the cops in the mobile home...

HI your definition didn't say mobile home? shed and barn pool house or cabana. Those are not a building people live in?

 

[CSO286]

HI your definition didn't say mobile home? shed and barn pool house or cabana. Those are not a building people live in?

A mobile home is a type of residence.

Or, if in Canada, it refers to an RV type mobile home, it would be covered under residence.

Home also implies some sort of building/structure, could be included under the "outbuildings".

In any event, this forum is for US law only, and if you very much want to attempt to fight this, you should seek the counsel of an attorney in your own country.

 

[Mass_Shyster]

would this be quashed

In the US, the procedure would be to file a motion to suppress. Unless there is caselaw directly on point, it would be up to the judge to decide if a mobile home was a residence, an out building, or something else.

 

[FlyingRon]

Cutie is well advised to seek out proper CANADIAN cousnel rather than relying on anything in this thread which is based on the US law which being much further removed from the British common law is substantially different than Canadian law.

Search warrants are particularly different between the two countries. The US has a fundamental supreme law that requires a warrant before searches which derives from some of the unpleasantness with the British many years ago. The Canadian basis for search warrants comes from the Charter of Rights which unlike the US Bill of Rights is a fairly recent document. The criteria for both the issuance of warrants as well as the admissibility of evidence also have substantially different case law.

The term that people are fishing for in what to do now is called in Canada a Garofoli Application, which is the action to exclude search evidence. Unfortunately, there is strong presumption to the validity of the warrant. Ambiguity or vagueness in the description of where or what to be searched is almost always resolved against exclusion.

 

[cutiebum]

Cutie is well advised to seek out proper CANADIAN cousnel rather than relying on anything in this thread which is based on the US law which being much further removed from the British common law is substantially different than Canadian law.

Search warrants are particularly different between the two countries. The US has a fundamental supreme law that requires a warrant before searches which derives from some of the unpleasantness with the British many years ago. The Canadian basis for search warrants comes from the Charter of Rights which unlike the US Bill of Rights is a fairly recent document. The criteria for both the issuance of warrants as well as the admissibility of evidence also have substantially different case law.

The term that people are fishing for in what to do now is called in Canada a Garofoli Application, which is the action to exclude search evidence. Unfortunately, there is strong presumption to the validity of the warrant. Ambiguity or vagueness in the description of where or what to be searched is almost always resolved against exclusion.

thank you you have been most helpful. I do have a lawyer but they just say its not at that stage yet and I really wanted to know now as I had read that the justice of the peace requires the warrant to be specific in what is searched. So I was hoping this would be an error as this is a civil forfeiture case.