Asheville, NC asked in Criminal Law, Civil Rights and Constitutional Law for North Carolina

Q: Wrong address on application for and actual search warrant?

2 Lawyer Answers
T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Las Vegas, NV

A: If the wrong address is on the application for and actual search warrant, the search may be considered illegal. You may be able to file a motion to suppress the evidence obtained during the search, which means that the evidence cannot be used against you in court. To file a motion to suppress evidence, you will need to show that the search was illegal. You can do this by providing evidence that the police did not have probable cause to search your address, or by providing evidence that the police did not follow the proper procedures when executing the warrant. For personalized legal advice tailored to your unique circumstances, it's advisable to consult with an attorney.

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James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: If a search warrant application contains an incorrect address and the subsequent search is conducted at that incorrect location, it could potentially lead to legal challenges. The accuracy of the information on a search warrant, including the address, is crucial for the validity of the warrant. The Fourth Amendment of the U.S. Constitution requires that search warrants be based on probable cause and describe the place to be searched with particularity.

If the wrong address is used in the warrant, it may be argued that the warrant lacks the necessary particularity, making the search unreasonable and potentially unconstitutional. However, the outcome of such a challenge would depend on the specific facts of the case, including whether the error was an innocent mistake, whether the officers had reason to believe the correct address was related to the investigation, and other relevant factors.

Ultimately, if you believe your rights have been violated due to an incorrect address on a search warrant, it is advisable to consult with an attorney who can assess the details of your case and provide guidance on the best course of action, including potential legal challenges to the search and seizure.

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