How do I defend myself if there was a mistake on a search warrant?
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How do I defend myself if there was a mistake on a search warrant?
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Asked on July 5, 2015 under Criminal Law, Alabama
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You don't indicate just what the mistake was. The rule is that a warrant must be specific in the location and the person(s) to be searched, it must also be reasonable in scope so as to uncover contraband or evidence of a crime, and the warrant must be sworn under oath and approved by a judge.
If the mistake was something such as an incorrect description of the person subject to the search (e.g. their weight), then it probably won't matter much if it was just slightly off. However, if the warrant listed the wrong address, then it would matter a great deal.
Bottom line, did the police find anything during the search that can be used against you, etc.? If so, you will need to go over the details of your situation with a criminal defense attorney. They can best advise you further.
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