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Search warrant with wrong name & description of dwelling to be searched

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PeggyVi

Junior Member
I live in the State of Wisconsin.

I had eight police officer show up at my door with a search warrant to find marijuana and paraphenelia. My son answered the door to find three guns drawn and pointed at him.

The search warrant that was issued and executed at my home had the wrong name on it. Both my first name and last name were wrong. Also, the description of the dwelling to be searched was wrong. Is it valid?

Also, no written list of property siezed was left at the time.
 


S

seniorjudge

Guest
PeggyVi said:
I live in the State of Wisconsin.

I had eight police officer show up at my door with a search warrant to find marijuana and paraphenelia. My son answered the door to find three guns drawn and pointed at him.

The search warrant that was issued and executed at my home had the wrong name on it. Both my first name and last name were wrong. Also, the description of the dwelling to be searched was wrong. Is it valid?

Also, no written list of property siezed was left at the time.
What does the affidavit say? (Don't disclose personal info.)

Generally (big if word) if a search warrant has the wrong house and the wrong owner on it, it is not valid.

Try to provide as much detail as possible without divulging personal info.
 

PeggyVi

Junior Member
The address given on the warrant was correct. The description was wrong.
The warrant states: "The top one-half of an up and down duplex"

I don't have an up and down duplex - it is front and back. Officers came in and went "downstairs" also.

My given name is Margaret. The paper work all said Peggy. When I asked the officer how I should sign the paper stating my miranda rights were given to me, he asked me: "your name isn't Peggy?"

The last name on the warrant gave my married name hyphenated with my maiden name behind it. I do not have a hypenated last name.

I gave the officers a statement that I smoked marijuana for medicinal reasons. They made so many promises if I would give up what I had. I did. They found 2.4 grams and paraphenilia. I have bi-polar disorder. The prescription medications for this illness are horid! I do not have a stamp.
 
S

seniorjudge

Guest
The address given on the warrant was correct. The description was wrong. The warrant states: "The top one-half of an up and down duplex" I don't have an up and down duplex - it is front and back. Officers came in and went "downstairs" also.
While sloppy, this does not appear to be fatal to the warrant because it had a correct address and the correct kind of building in general.

My given name is Margaret. The paper work all said Peggy. When I asked the officer how I should sign the paper stating my miranda rights were given to me, he asked me: "your name isn't Peggy?"
Peggy is a nickname for Margaret.

The last name on the warrant gave my married name hyphenated with my maiden name behind it. I do not have a hypenated last name.
This is not fatal to the validity of the warrant; it sufficiently identified you.

I gave the officers a statement that I smoked marijuana for medicinal reasons. They made so many promises if I would give up what I had. I did. They found 2.4 grams and paraphenilia. I have bi-polar disorder. The prescription medications for this illness are horid! I do not have a stamp.
If you need a stamp to own marijuana in your jurisdiction, I would hazard a guess and say you are in trouble.
 

Heather2

Member
PeggyVi said:
I gave the officers a statement that I smoked marijuana for medicinal reasons. They made so many promises if I would give up what I had. I did. They found 2.4 grams and paraphenilia. I have bi-polar disorder. The prescription medications for this illness are horid!
I'm just curious as to what medication makes you so sick that you have to get high? I'm bipolar and none of my meds make me sick.

p.s. I don't mean that statement in an ugly way but it's hard to show that typing.
 

PeggyVi

Junior Member
I don't smoke because of the meds - I do, instead of the meds. I've been on lithiem and depakote.

As long as I'm not totally out of control (that's hospital time) the smoking helps to slow the spinning in my head. I am able to pull out one thought out at a time and process it more easiy.

It's not an everyday occurance, just as necessary.
 

Heather2

Member
PeggyVi said:
I don't smoke because of the meds - I do, instead of the meds. I've been on lithiem and depakote.

As long as I'm not totally out of control (that's hospital time) the smoking helps to slow the spinning in my head. I am able to pull out one thought out at a time and process it more easiy.

It's not an everyday occurance, just as necessary.
Thanks for responding. I didn't know pot could help like that. The only time my mind isn't going 100 miles an hour is when I take seraquil at night. I wish there was something that helps during the day, that's legal.
 

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