Does a judge need to sign the copy of a warant?

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Does a judge need to sign the copy of a warant?

My house was searched the police gave me a warrant. Property was taken after the police left. I inspected the warrant again saw that the date was left blank and the judge/magistrate line is blank. Only the officer signed the warrant. I n such a case is the evidince they removed valid? If not what am I suppose to do?

Asked on June 20, 2011 under Criminal Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You should consult with a criminal defense attorney; it may be taht the search was illegal and therefore the evidence can be suppressed. A warrant should be issued by a judge or magistrate (a magistrate is a kind of judge, with more limited powers); the olice are not allowed to issue warrants themselves. Therefore, it would seem that there is a good chance that this warrant was invalid. While there are some exceptions that allow certain warrantless searches (e.g. looking for an injured person or kidnapping victim, when there is good cause to believe the person is in the premises and needs help), if those exceptions don't apply, you may be able to prevent any evidence found during this search from being used against you. A criminal defense attorney can help you do this.


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