Asked in Criminal Law and Constitutional Law for Arizona

Q: If the police use a stolen vehicle as means to obtain a search warrent (knowing the vehicle wasn't stolen)

can evidence from said search be supressed.

1 Lawyer Answer
Mike Branum
Mike Branum
  • Criminal Law Lawyer
  • Saint George, UT
  • Licensed in Arizona

A: If you and your defense counsel can show by a preponderance of the evidence that law enforcement officials had knowledge the vehicle was not stolen when they obtained the warrant, then yes, you should be able to succeed in a motion to suppress any evidence obtained UNLESS the state can show they would have obtained the information through another means which would not have been a violation of your Fourth Amendment rights.

As with many of these questions, there are a plethora of variables which could impact the outcome of this matter.

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