Warrant Invalid?

[Kris K]

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

My household was served with a warrant dated the 21st of August 2009. They served, searched and took items on the 20th of August 2009 however. The warrant itself does say the 21st but the inventory sheet of what was taken is clearly dated the 20th both documetns are signed by the lead detective of the sheriffs office. Now in 2012 I am being brought up on charges based on the the evidence obtained from this search. Does this constitute a illeage search and seizure?

 

[swalsh411]

What did your lawyer say when you asked him? It could be the initial warrant was signed by a Judge prior to the search and the copy you received is just dated later. I highly doubt the police would search without a valid warrant because then any evidence found could be suppressed.

 

[tranquility]

It's a possibility. But, what swalsh411 said.

 

[sandyclaus]

It is indeed possible that the police received a telephonic warrant that was followed up on paper.

But if your attorney thinks there's a change to invalidate the warrant, feel free to let them challenge it.