is there grounds to quash a search warrant?
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is there grounds to quash a search warrant?
on the search warrant it listed 1. the first address, 2.our address, only the outside description and 3. the 1st defendent and his description, then it goes on to list what to look for, drugs, cell phones, money etc. it never once mentioned mine or my husbands name
Asked on June 21, 2009 under Criminal Law, California
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The fourth amendment to the United States constitution requires that there be probable cause before a search warrant is issued (i.e. signed by a judge). Based upon the facts provided, it is unclear whether the warrant at issue lacked probable cause, and/or otherwise was illegal or invalid. However, if your property has been subject to a search warrant I suggest you consult with and/or retain a criminal defense attorney. If you feel that the warrant is invalid, or, if an invalid search warrant led to evidence being obtained which is now being used to prosecute you, your defense attorney will be able to advise you with respect to the appropriate steps to take to either prevent the search or suppress the evidence that resulted from it.
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