How doI handle an illegal raid on the search warrent if the address listed is diffrent from the address searched?

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How doI handle an illegal raid on the search warrent if the address listed is diffrent from the address searched?

Asked on December 17, 2011 under Criminal Law, Colorado

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The Fourth Amendment regarding rights concerning illegal search and seizure (in conjunction with famous and not so famous case law) presents many loopholes for police. If the police obtained a search warrant upon probable cause as blessed by the judge at address 123 main street and let's say that is the address the police had for the suspect or suspected criminal activity or items, then the police wind up at 122 main street reasonably thinking it is 122 main street, the facts leading up to this search may be the factor to determine whether or not the search and or seizure hold. This would be less likely if the police has 123 main street on the warrant and show up at 789 out of the way avenue. Your laweyer can certainly try to suppress or throw out the arrest or seizure based on the technicality but must make sure no exceptions to the warrant exist.


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