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

UPDATED: Sep 30, 2022

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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


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

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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