What are my rights if my house was searched with a warrant containing all the wrong information but the police found the items that they were looking for?
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What are my rights if my house was searched with a warrant containing all the wrong information but the police found the items that they were looking for?
The warrant contained the wrong info; house number, town, street name and zip code. I have been told that it opens up alot of options for me. What can I legally do?
Asked on January 23, 2014 under Criminal Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
First, retain a criminal defense attorney--you do have options, but a lawyer will be *much* better positioned or able to take advantage of them for you. While retaining your lawyer, do not speak to *anyone* about the matter until you talk to your attorney--and then only say what he/she tells you to say.
Second: if the warrant was not, on its face, for your house--i.e. completely misidentified the house--you will have a reasonble chance of having the search declared an illegal search. If it is, then anything they found during the search should be unusable as evidence; therefore, if that happens, unless they have other evidence or testimony (including any confession from you), they may not have a case.
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