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?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 7 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.

 


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