Q: Can the State use a search warrant that wasn't returned to the court? General Session doesn't have it their archive
The police changed the name on the affidavit after its issuance and execution to reflect my name... The affidavit and search warrant are on the same paper.. This search warrant was never returned because it's not time stamp showing General Session received it and the clerk says it's not in their archive of warrants database... Can the still prosecute this case? Plus the affidavit presented only a conclusory statement and the search warrant itself don't particularly describe the person and place...
A: SW's are usually returned to the issuing Judge and filed separately. You will need to hire a competent criminal defense attorney who will properly attack the SW and any evidence generated when you are charged with a crime. Without an Arrest Warrant, there is no Docket Number for it to be filed. If charges have been filed, you need an attorney yesterday, and you are obviously not able to represent yourself.
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A: Be aware that most Search Warrant mistakes are excused by TN Statute.
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