Chicago, IL asked in Criminal Law and Civil Rights for Minnesota

Q: Can a search warrant be so vague to just request pictures of your home both interior and exterior and get a night search

Excecuted warrant, pictures taken. No charges, won't let me get a copy of affidavit

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1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Search warrants are by definition signed by a judge, ex parte -- meaning with only the unchallenged claims of a police officer. The person targeted has no way to challenge whether a search warrant was really warranted until after it is executed by police. Normally, the legal challenge to a search warrant will happen after a prosecuting attorney has filed a criminal charge with the court. In this situation, it's good idea to consult a criminal defense lawyer rather than do something that could make matters worse.

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