Asked in Criminal Law for Florida

Q: If a search warrant does not specify any items, is the evidence admissible?

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1 Lawyer Answer
Sasha Dadan Bonna
Sasha Dadan Bonna
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: A search warrant should include information such as:

names of the persons to whom the warrant is directed – usually law enforcement officers;

a description of the premises or item to be searched;

the grounds that justify issuing the warrant;

detailed descriptions of any property to be seized;

an inventory of items seized;

a provision for duplicate service; and

incorporation of the affidavit into the warrant.

If any of these elements are missing, a criminal defense attorney can often contest the warrant by filing

the appropriate motions which might lead to the warrant from being declared defective on its face. You will get a copy of the search warrant in discovery. Discovery is provided 15 days after the information is filed.

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