• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

wrong search warrant

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

wojo

Junior Member
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

Senior Member
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

Junior Member
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

Senior Member
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

Senior Member
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
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top