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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 03-23-2004, 03:44 PM
Lovely72
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wrong name & address on affidavit/warrant


What is the name of your state? virginia

a close relative of mine lives with someone that has other people in the home. a warrant/affidavit was issued to search the home at which he lives, but it had another address on it with the name of one of the individuals that live in the home. no one was there but my relative. they found cocaine and some money in the home and he was arrested for possesion of cocaine with intent to distribute. i believe they may have found cocaine on my relative (not sure).

someone in the home sells drugs and that person's name was the one on the warrant/affidavit. someone in the home sold drugs to an undercover police officer. my relative is suppose to appear before a jury on this charge, but even though the warrant had someone else's name on it, that someone is not being charged with anything (to my knowledge).

is it possible for this charge/case to be dismissed in court since my relative's name was not on the warrant/affidavit? or will this be admissible in court being that my relative was in the house?

if convicted, how much time do you think my relative will face?
any information you give will be helpful and deeply appreciated.
  #2  
Old 03-23-2004, 04:08 PM
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Join Date: Jun 2000
Location: Somnambulist University
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"a warrant/affidavit was issued to search the home at which he lives, but it had another address on it with the name of one of the individuals that live in the home."
*** Assuming that this was a SEARCH warrant (which is specific to the location noted therein) and not an ARREST warrant (valid whereever the subject is found), then the results of that invalid search (at the wrong address) would be tainted and not admissable.

"is it possible for this charge/case to be dismissed in court since my relative's name was not on the warrant/affidavit? or will this be admissible in court being that my relative was in the house?"
*** See above. A search warrant would have applied ONLY to the address on it. It would NOT apply to a different location.
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There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 03-31-2004, 11:26 AM
Lovely72
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Would the search warrant still be not admissable if cocaine was found on my relative when they did the search? (See info. above)
  #4  
Old 03-31-2004, 12:44 PM
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Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,568
"Would the search warrant still be not admissable if cocaine was found on my relative when they did the search?"
*** If the investigating officers had a valid reason to search him (not clear in your post), then the search would be valid. And since you now seem to put a different 'spin' on this, I would suggest that his defense attorney would be best able to evaluate the FACTS of this matter and advise accordingly.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
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