Can a search warrant be thrown out if it is later found that the informant was robbing the home he gave information on?

My son broke into my home and was later arrested on drug charges. When

arrested he told the police he found the drugs in my home. The police called

and asked if he was allowed in my home, which he is not, but thinking I was avoiding trouble for him I said he was. They then searched my home and I was arrested. Many of the things found I had no knowledge of. Later I realized that things had been stolen from my room; it was abviously my son who did it. Can this reverse the legality of the search?

Asked on February 23, 2016 under Criminal Law, Kansas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The answer is maybe... but you're going to have a tough battle because you already gave incorrect information to law enforcement.  Their argument, which could be successful if believed by the judge, is that the receipt of the information was based on their good faith belief that you and your son were giving truthful information.  Judges will not often throw out cases when a defendant contributed to the issues which resulted in an improper act.  Since your admissions contributed to the search of your home, this means that a judge most likely won't throw out the search.  It's possible.... just not a strong possibility.


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