Legal search??

[bytheway]

What is the name of your state? North Carolina. In May 2003 a combination of DEA, state, and local law enforcement executed a controlled delivery to my residence. I dumbly signed for it and opened the package after the deliveryman left, and here they came. The search warrant was not a copy and did not have an affidavit attached. The section where they are supposed to indicate what they were searching for, or who, was completely blank. There were no instructions on the warrant on what would trigger it's execution (I believe this is what is called an anticipatory search warrany). Any advice would be much appreciated.

 

[seniorjudge]

What is the name of your state? North Carolina. In May 2003 a combination of DEA, state, and local law enforcement executed a controlled delivery to my residence. I dumbly signed for it and opened the package after the deliveryman left, and here they came. The search warrant was not a copy and did not have an affidavit attached. The section where they are supposed to indicate what they were searching for, or who, was completely blank. There were no instructions on the warrant on what would trigger it's execution (I believe this is what is called an anticipatory search warrany). Any advice would be much appreciated.

The actual search warrant and its supporting affidavits are in the court file at the courthouse of the judge who issued the warrant if charges were filed. Look at it.

If no charges have been filed yet, the search warrant and attachments are still at the prosecutor's office; you can ask to look at them but they do not have to show them to you.

 

[bytheway]

Thanks for the reply seniorjudge. No charges were filed nor was I arrested although some steroids and a bag of pot were found. Does your reply mean that what I have read about the fourth amendment requiring particularity in the search warrant presented at the time of the search is not so particular after all?

 

[seniorjudge]

Thanks for the reply seniorjudge. No charges were filed nor was I arrested although some steroids and a bag of pot were found. Does your reply mean that what I have read about the fourth amendment requiring particularity in the search warrant presented at the time of the search is not so particular after all?

I don't know what the search warrant or affidavit said so there is no way I can answer this question.