If the search warrant is different in terms of the building story is this a lawful search? 12 Answers as of February 26, 2013

If a search warrant reads that it is for a 1-story structure/residence and the police search a 2-story structure/residence at the same address, is this a lawful search?

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William L. Welch, III Attorney | William L. Welch, III
Maybe not. Ultimately, the judge would decide in a Frank's hearing. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, elocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
Answer Applies to: Maryland
Replied: 2/26/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Probably legal.
Answer Applies to: Georgia
Replied: 2/18/2013
Law Offices of Jonathan Mincis | Jonathan J. Mincis, Esq.,
It may not make any difference, the issue is What was the scope of their search. What was the warrant based on and did it describe with particularity the area to be searched and the item to be seized?
Answer Applies to: New Jersey
Replied: 2/16/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
The warrant will be attacked by your lawyer and if it is not proper the evidence will be suppressed.
Answer Applies to: New York
Replied: 2/18/2013
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
Possibly. It will depend on how the search warrant looked as a whole. If the address is correct and everything stated in the warrant is correct except for the number of stories, that will probably be overlooked. If there are more substantial errors, a good case could be made to quash the warrant and suppress any evidence obtained. Have an experienced criminal attorney review the warrant and the case file for a more specific answer.
Answer Applies to: Michigan
Replied: 2/18/2013
    Henry Lebensbaum | Henry Lebensbaum
    You should review the entire warrant with an attorney.
    Answer Applies to: Massachusetts
    Replied: 2/16/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    It is grounds on which to attack it but if they meant that building and it is clear then they might say it was a scrivener's mistake.
    Answer Applies to: Michigan
    Replied: 2/16/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    probably OK if the address is correct
    Answer Applies to: Colorado
    Replied: 2/16/2013
    Midway Law
    Midway Law | Joseph I. Silverzweig
    That is an interesting question. In general, a search warrant is required to be sufficiently specific to allow a reasonable police officer to know what area is to be searched. Sometimes, if a search warrant is sufficiently inaccurate, it's possible to get the results of the search dismissed. You should bring this fact to the attention of your attorney, and they should decide whether there are sufficient grounds to challenge the warrant.
    Answer Applies to: Utah
    Replied: 2/16/2013
    Patrick Earl Attorney
    Patrick Earl Attorney | Patrick Owen Earl
    You need to have an experienced criminal attorney review that paperwork and information. If this is an Eastern WA state case I can help you.
    Answer Applies to: Washington
    Replied: 2/16/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You may have grounds to contest the validity of the warrant, and have the proceeds seized suppressed in a forthcoming trial. Consult with your attorney to see if this is a viable option for you.
    Answer Applies to: Illinois
    Replied: 2/16/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    That alone probably won't invalidate the warrant. I'd need a lot more info to determine whether or not you could have a defense to whatever charges you're facing.
    Answer Applies to: California
    Replied: 2/16/2013
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