Boston, MA asked in Criminal Law for Massachusetts

Q: If the search warrant has the wrong date of birth and social security number,will the case be thrown out?

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1 Lawyer Answer
Lefteris K. Travayiakis
Lefteris K. Travayiakis
  • Criminal Law Lawyer
  • West Roxbury, MA
  • Licensed in Massachusetts

A: Generally, in order to be valid, the form and content of the affidavit accompanying the Search Warrant application must describe with particularity the place to be searched and the persons or things to be seized.

Where the search warrant fails to accurately describe the persons date of birth and social security number, a challenge could and probably should be made that the warrant fails to comply with the particularity requirement and is therefore defective. The question for the court, however, will be whether the warrant is so facially defective in failing to particularize the place to be searched or the person to be seized.

On that note, one issue that might cure any defects on the application itself is whether the accompanying affidavit addresses or corrects the mistake. In other words, the affidavit attached can cure the particularity deficiency and validate the warrant.

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