Illegal search - new charges??

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What is the name of your state? Arizona

If a search has been ruled illegal, can further prosecution take place against another individual under the same search warrant? Approximately three years ago, a search warrant was served at a particular residence. One of the residents was arrested. A suppression hearing was held, at which time the entire search was ruled illegal (failure to knock and announce). As a result, the case was dismissed. It is now three years later, and a different resident was just arrested pertaining to that search warrant. If the search was ruled illegal in one case, wouldn’t that same search still be considered illegal?

Also, could they charge the original person arrested with new charges under this same search warrant?

Please let me know if you need more information. Thanks in advance for your advice.What is the name of your state?

 

[CdwJava]

Depending on the details, they just might be able to use the evidence suppressed against one partty against another party who did not have standing to challenge the search.

For instance, a passenger in a car I am driuving would not generally have standing to contest the search of my car even if his drugs were found in the back seat. If the evidence of such a search were inadmissable against me, it might still be admissable against the passenger.

It might also be possible - depending on the details and the SOL - to backdoor new charges against the original defendant through the prosecution of the new defendant.

All possibly involved parties need to consult attorneies to determine their options and vulnerability.

- Carl