Q: Do you have to be made aware of a search warrant? Are you privy to the inventory (or copy of it) found in the search?
If the police issued a warrant for my cell and their probable cause for the search IS A LIE, can the whole thing (case) be thrown out? Do I have a right to know my phone records are being searched? Do I have a right to know WHAT was found during the search?
A: If you are charged with a crime and there is a search warrant involved, you will get a copy of it -- as well as the inventory list of items seized -- from the District Attorney's Office when they forward their "discovery" to you. That happens at the Court of Common Pleas level, and you're not entitled to it until your case reaches that point. You have no right to know about the search warrant before it's executed -- frankly, that would obliterate the whole point of a search warrant, since folks would simply move or hide the items sought. You also have no advance right to know that your phone records are being reviewed pursuant to a search warrant or subpoena.
You can attack the search warrant -- both content and legal formalities -- at the Court of Common Pleas level as well. If the search warrant is found to be improper, you can ask the court to toss out anything found as a result of the warrant. If that prevents the Commonwealth from proving their case against you, oh well; in that case, the DA will likely dismiss the case unless they can somehow get the seized evidence in some other way.
Best of luck to you.
A: If you are charged with a crime, the prosecution will have to turn the warrant over in discovery. If you can prove that the warrant is defective or that it contains intentional lies, then the results of the search could be suppressed. You do not have to be provided with a copy of a warrant in advance or at the time of the search.
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