Birmingham, AL asked in Criminal Law for Alabama

Q: A house was in a drug bust but the warrant they police had had no specific name on the warrant.is that legal or illegal

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Criminal Law Lawyer
  • Daphne, AL
  • Licensed in Alabama

A: The fact that the warrant fails to name a particular person doesn't necessarily invalidate the warrant. In order to get a warrant, the police officer must show the judge or magistrate evidence (probable cause) that there has been a crime committed and that evidence of the crime may be found in the place to be searched. The police officer might not know who is in possession of the place to be searched. So long as he is able to describe the location with reasonable specificity...an address or a picture or a map or whatever, then that will probably be enough. Now there might be reasons why the mention of a person's name would be critical in your case. I don't know all the facts, so please don't rely on this little note for legal advice. Consult your lawyer. If you don't have a lawyer, and would like to speak with me, I'd be happy to help. You can get my contact information by clicking on my name above. I don't charge for the first 30 minutes of a consultation.

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