If police remove items from a home during a search warrant and do not list them on the inventory log, does that nullify the warrant?

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If police remove items from a home during a search warrant and do not list them on the inventory log, does that nullify the warrant?

Several items were removed from my house and not listed on the inventory log. They went into a pair of pants that did not meet the criteria of the search, in that no DNA “blood” was on the pants that were searched but not taken and a cell phone was removed. There were more items that were removed but not listed on the log.

Asked on November 2, 2010 under Criminal Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It may or may not have an adverse effect on the entire warrant.  The law in your state would have to be researched and clarified.  But it is more than likely that it can be argued that the items that are not listed specifically can be excluded from having any evidentiary use should they reveal facts that are to proven against you.  Warrants, though, can be written in a general way to allow the police to gain entry in to a home to search it for what they think they know is there (and to get a search warrant they have to have probably cause) but they are allowed to be able to take evidence they find or believe to find that may not be specifically named.  Bring the warrant to an attorney to review and let you know.  Good luck.


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