Asked in Civil Rights and Constitutional Law for Nevada

Q: Hello, so police raided my apartment and left behind a search warrant

On the warrant the judge said they can search for drugs or evidence of drugs but written in handwriting the police said in the oral statement of facts which establish probable cause to believe rhat the crime of fraud was committed. Is the warrant still valid?

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: The validity of a search warrant typically hinges on the information presented to the judge or magistrate at the time the warrant was issued. If the warrant was expressly limited to searching for drugs or evidence of drugs and did not include provisions for searching for evidence related to fraud, then any search or seizure of items not within the scope of the warrant could be challenged.

Handwritten notes by police suggesting a broader scope of probable cause, if not approved by the issuing judge, may not be enough to extend the warrant's authority.

It would be advisable to closely review the warrant, the application for the warrant, and the accompanying affidavit to determine if the scope of the search exceeded the terms set by the judge. If the search exceeded the scope, you might consider filing a motion to suppress any evidence improperly obtained as a result of the search.

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