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Search warrant with wrong name and wrong address

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gsxrjunkie86

Junior Member
What is the name of your state (only U.S. law)? california

a search warrant was server on my apartment,my name and address was nowhere on the paperwork,there was two residences on the warrant,the two residences on the warrant are cities i dont even reside in,and the person named in the warrant is a hispanic male 230 pounds,i am white and 170 pounds,orange county and l.a county law enforcement was involved,i got bailed out and i called the detective that was in charge of the warrant,i told him that the warrant he left didnt have my name and address on it,hes like your kidding,so he tells me to come down and hell give me a copy a the warrant with my name on it,i went there and he said ill have to give him the warrant he left ,the wrong one,and hell give me mine,i said no,themn he tells me to go 2 north court and get a copy from the clerk,north court has no record of any warrant in my name,i asked the clerk to call the detective and ask him whats up,she tells me that she taklked to the detective and he told her the whittier court has the warrant,i went there and no warrant in my name,i ended up going to l.a superior court on my first court date,no charges have been filed against me,possible d.a reject the clerk said.the detective told me that he does not have to leave any paperwork,or have a search warrant for my residence in his possession at the time of the search,he said as long as a judge signed it thats good enough.but the search warrant they had and gave me at the time of the3 search has nothing to do with me or my residence,he said he did several warrants that day and unfortunatlly he gave me the wrong paperwork,any help that i can get for my rights and if this was an illegal search would be great.thanks
 


CdwJava

Senior Member
A search warrant does not have to have your name on it. But, it does have to have an address and/or a description of the place or places to be searched or it could be defective.

If there IS a warrant, then the search will likely be good unless defective for other reasons. It's sloppy work, but leaving a copy of the wrong warrant is not a "get out of jail free" card.

Consult legal counsel and let him or her sort it out. Do NOT do it yourself.

- Carl
 

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