Q: What jurisdiction issues arise if a district judge issues a search warrant for a house located in a different county?
Judge issues search warrant for a home in a neighboring county by mistake. Deputy was out of jurisdiction but searched the home and collected evidence. Evidence was taken to the court where judge issued the warrant. Case was dismissed with prejudice to keep the property confiscated and claim ongoing investigation. My attorney I had at the time wouldn't move to have the prejudice changed to without prejudice to get the property returned after several months of nothing to investigate. Attorney said they wouldn't release the property unless we had the county where the house is located order the evidence to be released to them. There was supposed to be a meeting with the prosecutor and my attorney to get my son's property back. Several months go by and nothing happens. I find out I have a warrant for my arrest two months after I was indighted. Now I'm fighting gun charges for my son's guns being in the house. This case is 2.5 years old. Doesn't it have to be in the court warrant issued?
A: They do not have jurisdiction in another county and the entire search warrant should be suppressed.
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