Asked in Criminal Law for Florida

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

Related Topics:
1 Lawyer Answer
Sasha  Dadan
Sasha Dadan
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.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.