must a search warrant be 100% correct?

What is the name of your state?What is the name of your state? texas

Does a search warrant need to be 100% accurate?
Including the address, location, description and items they are looking for?

For example... if the warrant says #123 Oak Dr. blue wooden house but the actual adress is #12 and is a red brick house.

Also if the warrant says they are looking for drugs, but they seize a camera then they say they think it may be stolen property.... is all of this admissable i n court?

jonb said:

Does a search warrant need to be 100% accurate?
Including the address, location, description and items they are looking for?

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No. Close, but not completely. Some things need to be more accurate than others - like the location to be searched.

For example... if the warrant says #123 Oak Dr. blue wooden house but the actual adress is #12 and is a red brick house.

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That would be a pretty substantial issue and would probably cause serious problems for the prosecution.

Also if the warrant says they are looking for drugs, but they seize a camera then they say they think it may be stolen property.... is all of this admissable i n court?

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Yes. If they are searching for one thing, and find possible evidence of something else, they have a perfect right to seize it.

- Carl

jonb said:

For example... if the warrant says #123 Oak Dr. blue wooden house but the actual adress is #12 and is a red brick house.

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I agree entirely with Carl on this one. This may be just the scenario that would justify the suppression of everything incident to the search. Camera too.

CdwJava said:

...probably cause...

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I would have never in a million years thought that I could have ever lived long enough to have seen this...coming from you. LOL

When the acts of the police would...probably cause, probable cause to fail.

the search warrant was not even close to being accurate. Everything was incorrect, including the spelling of the name, the name was close but thats it.

Does that mean, nothing found can be used against you?

jonb said:

the search warrant was not even close to being accurate. Everything was incorrect, including the spelling of the name, the name was close but thats it.

Does that mean, nothing found can be used against you?

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It means that your very knowledgable attorney has something to work with and something to argue. If successful in his showing, anything obtained as evidence incident to a defective search warrant is useless and inadmissable.

Tell us just what your attorney tells you, after the judge rules on the motion.

Same way in MO...If the search warrant is incorrect we don't even move on them. We have them reviewed by several different persons before they are executed. This is a LARGE mistake on LE part and everything found would/should be thrown out (at least in MO). And I would think even a public defender could handle this one! lol

Being present at search warrant?

Okay...now here is a good question...when they do a search warrant, aren't they suppose to have you present with them at all times searching your house & belongings? I mean can they just dismiss you to "another" room while they are searching? Who knows they can plant something & use it as evidence against you or better yet take things that aren't written down on their inventory sheet?

vivasmyangel said:

Okay...now here is a good question...when they do a search warrant, aren't they suppose to have you present with them at all times searching your house & belongings?

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No. In fact, it's very often NOT a good idea to do that for a host of reasons.

I mean can they just dismiss you to "another" room while they are searching?

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Yes, they can ... and generally they do.

Who knows they can plant something & use it as evidence against you or better yet take things that aren't written down on their inventory sheet?

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Having you with them doesn't keep you from making that claim, either. It also allows you the opportunity to grab stuff they are about to find, reach for stashed weapons, assault, flush, or any number of other things.

- Carl