What are my rights if the cops came said they had a search warrant but they never produced it?

UPDATED: Jun 15, 2013

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What are my rights if the cops came said they had a search warrant but they never produced it?

They said that they had a search warrant because there CI (Confirdential Informant) said that we were selling meth out of the house. However, they never produced the warrant. I saw that the judge didn’t even sign the probable cause warrant until 2 days later. Isn’t that illegal and aren’t they supposed to leave a copy of the warrant? The CI that they had has a lifelong no trespassing order on him at my house. I wasn’t arrested tbut hey arrested my friend and sent me a possession of meth charge in the mail a week later. Further, now they are saying since I won’t testify against my friend that they are going to chalk my charge up to a delivery charge. Is that legal?

Asked on June 15, 2013 under Criminal Law, Washington


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You actually have several different issues listed.  The first is the warrant.  If they searched your house without a warrant and there is no exception to the warrant requirement (which your question indicates there is not an exception), then you could have anything thrown out that was found as a result of the search.  They should have left a copy of the warrant and the return (i.e. a list of what was found).  However, you can still get a copy of the warrant through the judge or the clerk at the courthouse.

Your second issue is the charge.  They can ask you to testify against your friend as part of the plea bargaining process.  However, they can't convict you of a crime you didn't commit. On the flip side, it won't necessarily stop them from trying.  The decision to "turn state's evidence" is a huge decision.  Before you finalize your decision, you really need to talk to a defense attorney. He/she can give you a better idea of what your facing depending on the evidence against you, your history, and they amount of substances found. 

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