Questionable Search Warrant?
okay, so today i recieved a search warrant for my home. based on my researched, the warrant should state where they are searching (i.e place) and what they are searching for. But on the warrant i am holding, it states that my home is to be searched, yet as to the what, it only states , "for the purpose of searching for and seizing the property alleged in the attached affidavit (incorporated herein by reference) in a manner authorized by law." so there should be an attached paper to my warrant that says WHAT they are searching for? the warrant i recieved only consisted on one page. and they nearly tore my house down looking for stuff. yet throughout the search i wasnt told what they were looking for. they just said "stuff" or "papers". So i was wondering, lawyers, cops, attorneys, is this search still legal or is there anything wrong here? quick replys would be gratefull. thanks. 10 points for best answer.
Answer:
Angel is way off base. If they find marijuana while looking for cocaine then that only means you get a marijuana charge to go along with the other charges. I'd quote you case law but I am feeling lazy. Anyway let me get on point.
I don't have the benefit of being able to look at this warrant for myself so I am going to have to make a minor assumption. The warrant used was probably a standard form. They did not have enough room to list all the stuff they were looking for (its usually a very long list) so they made up a separate list and swore to it with the warrant. That is standard practice and legal. For some reason you did not get a copy of the list. Talk to your attorney about that. It would ultimately be up to the judge if this search warrant is valid or not. It is also up to the judge if the items seized are admitted at the trial as evidence.
You should have also received a receipt of the property the police removed from your house.
I think it is very strange that they did not talk to you more about what they were looking for. I always like to chat with the people I serve search warrants on. They don't always like to talk to me though.
If you have anymore questions feel free to e-mail through FreeLawAnswer.coms and I'll try to help.
What state was this in?
Go get a real lawyer
there usually is some sort of number or something you can call isnt there.
But if its not legit then if they take you to court and they have obtained evidence illegally it should be with-held from proceedings
It's legal. They can take away your property and search it at anytime. Unfortunately, it's the sad truth.
It is not legal. not only do you have to have a warrant that says what they are looking for the item(s) on the warrant are the ONLY property the law can seize. If the police come to your door with a warrant that says cocaine and they find Marijuana they have to get a new warrant.
There are provisions in law which do NOT require notice of the purpose of the search nor a receipt, but I'll reserve comment on thise instances until you answer scott's questions.
call the judge who signed it, and ask him....
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