How do I know if I should I request a suppression hearing on the grounds of an invalid search warrant?

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How do I know if I should I request a suppression hearing on the grounds of an invalid search warrant?

The police obtained a search warrant for my home because I had given a family member a ride to the pharmacy to purchase Sudafed. I know that there are strict guidelines in reguards to Sudafed purchases. However within those guidelines it is perfectly legal to purchase. So if there is no crime being committed, how can they justify getting a search warrant for my home? By the way there was no Sudafed found in my home, nor did the family member live there, receive mail there and they weren’t on our lease.

Asked on February 15, 2014 under Criminal Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If there is sufficient probable cause, a judge will issue a search warrant. If the police lied about something, then that may be an issue but the police must have found something based on the search warrant. Here is the issue, while there is the fruit of the poisoneous tree doctrine, your suppression hearing may not be successful if there was reasonable probable cause for the warrant to begin with in the matter.


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