If police show a search warrant and the address and name were wrong, can anything they found be used in court or will the charges be dropped?

Police went to a woman’s house and served her a search warrant. She did not question this and they found drugs, guns and cash in her house. She was arrested and her property was seized. She is waiting for a court date now. It was later discovered that neither her name or address were on the warrant but no charges have been dropped and her property returned to her. She discovered it was her boyfriend they were after but failed to go to his residence and instead went to hers. Just for reference though, it wasn’t his name or address on the warrant either.

Asked on October 6, 2011 under Criminal Law, Arkansas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. When a search warrant is issued by a judge for the search of a person's property, the requirements under the law are that it has to be specific as to time, duration and location. If the search warrant has a specific address for a search and law enforcement goes to another address and finds contraband under the search, most likely the search will be determined to be improper and any criminal charges resulting from the improper search against the person charged should be dismissed.

In your situation, the woman who was arrested should retain immediately a criminal defense attorney to represent her concerning the search warrant that seems to be defective.


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