Can I contest the legality of a search warrant if I was not the target of it?

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Can I contest the legality of a search warrant if I was not the target of it?

During the execution of a search warrant at a friend’s house I was charged with possession. I question the validity of the search warrant, but (because of priors) my friend pleaded guilty. Can I file a motion of discovery to include everything related to the validity of the search warrant considering I would not have been arrested if the search warrant did not happen?

Asked on August 10, 2012 under Criminal Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The issue is was the charge against you dismissed concerning the possession charge against you? If so, then you have no basis for seeking to traverse and quash the search warrant that pertained to your friend's home. If the charge against you is still pending, then you have a basis to possibly attack the search warrant. I suggest that you consult further with a criminal defense attorney to assist you in the matter you are writing about.


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