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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 04-25-2003, 09:09 PM
arnea550
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Is search warrant void?


What is the name of your state? NC
A family member was arrested at his girlfriend's house after a search warrant was served. First, the address on the search warrant was incorrect. Second it was not his house, it was his girlfriend’s and they found a controlled substance in the premises, not on him. My question is can the case be thrown out of court because they have the incorrect address on the search warrant and because it was not his house. (And for info, the girlfriend was not at home at the time) Thank You for any help and advice.
  #2  
Old 04-26-2003, 12:14 AM
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what was he charged with?
  #3  
Old 04-26-2003, 04:56 PM
brake pedal
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search warrant...


I have indeed, seen search warrants ruled invalid, because of the wrong address listed on it. Of course, that may or may not be the case in you area or, when you get to court with it. The girlfriend need not be at home to search the house.
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Old 04-26-2003, 08:05 PM
arnea550
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He was charged with possession of cocaine, marijuana, and paraphernalia.
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Old 04-30-2003, 12:10 AM
TB185
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A lot of information is required about the description and location of a house in a search warrant, not just the address. The description will go something like this:

1100 Happy Dale, in the City of XXXXXX, Cleveland County, State of XXXXX, more particularly described as tan painted brick , single family dwelling, located on the east side of Happy Dale facing west. This house has a brown composition shingle roof and brown painted trim, and a one car attached garage with a brown overhead garage door. This residence displays the number “1100”, in white painted numbers on the curb of the driveway. The backyard is enclosed by chain link fence. The house is the first house on the East Side of Yorkshire when traveling south from the intersection of NW 27th Street and Happy Dale. The residence has been damaged by a previous fire and has the southwest window boarded up and smoke damage around the window.

All this information is put in there to overcome any problems, type-o's, etc. As long as this information is in the warrant, and the description points to the right house, the warrant will probably be good.
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