McDonough, GA asked in Criminal Law, Civil Rights and Constitutional Law for Georgia

Q: What if a search warrant states ocga 16-5-24 aggravated assault, what effect will this have on the warrant’s validity?

Would this not make the search warrant flawed? Also, the judge signed off on this warrant, after placing an eight (8) in the time slot only to scribble through the eight (8) and write a three (3) above the scribbled out eight (8). The document does not look professional, seems like checks and balances are not being adhered to from the top of the judicial system with the judge all the way through to the swat officers. Speaking of the two (2) different swat teams, they came with this error laden search warrant & how about they opened my door, now that is a direct violation of my forth amendment right. One of the officers opened my door, another yelled no, no, no! And then they slammed my door back closed. I had just come down the hallway &was just at the door as this happened. So I grabbed the knob to open the door and see what the heck they all started screaming and pointed an assault rifle in my face and simultaneously yelled to get my hands up & get my dog. This was nota no knock

1 Lawyer Answer
James L. Arrasmith
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Answered

A: A search warrant must be clear, specific, and accurate to be valid. If a warrant lists an incorrect statute, like stating OCGA 16-5-24 (aggravated assault) instead of the correct one, it could be grounds for challenging the warrant's validity. Any inaccuracies, even clerical errors like changing the time without clear explanation, can raise questions about the warrant’s reliability and the thoroughness of the judicial process.

The scenario you describe, where there are crossed-out numbers and handwritten corrections, might suggest a lack of care or professionalism. If the judge’s actions, such as altering the time without initialing or explaining the change, create ambiguity, it could undermine the warrant's integrity. This could be an indication that checks and balances were not properly followed, which is vital for upholding justice and protecting rights.

The SWAT team’s actions, especially opening your door and then abruptly closing it, may also be problematic. It is essential for law enforcement to respect Fourth Amendment rights against unreasonable searches and seizures. You might consider consulting with an attorney to review the details and determine if your rights were violated or if the warrant could be legally challenged.

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