wrong search warrant

[wojo]

Ohio,, detectives broke in with wrong search warrant,can what they took be used in court against us.We still dont have our search warrant and its going to court in a week

[CdwJava]

What do you mean by the "wrong" search warrant?

If there was no search warrant, then any evidence seized can be suppressed. Speak to your attorney.

- Carl

[wojo]

Ohio,, detectives broke in with wrong search warrant,can what they took be used in court against us.We still dont have our search warrant and its going to court in a week,all we have is the one for a address 5 miles away.They wanted the wrong one back so we gave them a copy and kept the original.

[FlyingRon]

Do you mean they had obtained a warrant for your place but failed to provide it when they searched your place? Well, then you're not going to get anywhere with that. There's no requirement they have it in their possession when they conduct the search. Your attorney can obtain the warrant to determine if there was some disconnect between what the warrant authorizes and what search was conducted.

[CdwJava]

Originally Posted by wojo

Ohio,, detectives broke in with wrong search warrant,can what they took be used in court against us.We still dont have our search warrant and its going to court in a week,all we have is the one for a address 5 miles away.They wanted the wrong one back so we gave them a copy and kept the original.

The key here is going to be whether or not a judge signed a search warrant for your address. The fact that they had the WRING warrant in their hot little hands when they hit your property is not going to go very far in allowing for the suppression of the evidence. This sounds like a procedural issue, not one that will allow for the suppression of anything.

Bottom line: if there existed a valid search warrant for your property, the evidence is almost certainly in.

- Carl