Is a search warrant served in my name at my mother’s property without her consent legal?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is a search warrant served in my name at my mother’s property without her consent legal?

A search warrant was recently served in my name at my residence. However, the house I reside in belongs to my mother. Everything, including bills, is in her name. She was not present when the warrant was served. Do I have a chance at getting my charges dropped?

Asked on October 27, 2011 under Criminal Law, Alabama

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A search warrant does NOT require consent in order to be served and for the search to be conducted.  All that is required is a showing of probable cause presented to the judge, who issued the search warrant.  Probable cause means a reasonable belief that the items that were the subject of the search warrant were at the location to be searched.  As long as there was probable cause for the issuance of the search warrant, it is unlikely that the charges against you would be dropped.  If you can prove that the search warrant was NOT based on probable cause, you could argue that items discovered during that search violated the Fourth Amendment prohibition on unreasonable search and seizure.  If you can establish that legal argument, then the items obtained by the police during that search and other evidence that resulted from that search would be inadmissible as evidence against you. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption