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Search warrant question. need help

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S

STEEL1967

Guest
I live in alabama and was recently searched in my home. I was never shown a warrant or anyone else that was here and they just told me that they were here to execute a search warrant. I did not think to ask to see it as I have never had this happen to me before. At any rate, after I posted bail, my lawer tried to locate any info on the warrant and could not find any. It has been over 3 weeks and still no record found, unless the arresting officer has a copy. My question is this: Is it required that the warrant be recorded or filed at the magistrates office or other place so the copy can be easily accessed? If so, where would one call to see if a copy is on file. Since I was never shown a copy, I dont even know if they got anything that was not listed on the warrant that should be returned to me. It is my understanding that I have a legal right to a copy of the list of items seized and that the warrant is supposed to be returned to the judge or magistrate within 10 days of issue or the warrant is invalid. Could the warrrant be invalid just because they did not return it to the right people for recording within the time they are supposed to by alabama law, and make any evidence collected illegal search and seizure? Thanks for any help
 


calatty

Senior Member
If a warrant cannot be located, there is a real question whether there was any warrant at all. Certainly your attorney should move to suppress any evidence found as the product of an unconstitutional warrantless search of your house.
 

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