Is a search warrant that contains the wrong information valid? 13 Answers as of March 13, 2013

The search warrant executed at my home has the wrong address. It was even filed with the courts showing the wrong address. The copy where the police tried to correct the address doesn’t have the judge’s signature and wasn’t filed with the court. Is it still a valid search warrant?

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Law Offices of Eric J. Bell | Eric J. Bell
You have some very good issues to fight. Hire an experienced criminal lawyer to assist you.
Answer Applies to: Illinois
Replied: 3/13/2013
Mari Morrison Attorney at Law | Mari Morrison
No it is not a valid search warrant and anything discovered would be inadmissible.
Answer Applies to: Alabama
Replied: 3/13/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
It is has the wrong address, then the warrant is invalid.
Answer Applies to: Georgia
Replied: 3/12/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Well if the description of the house is correctly yours then maybe but that is a point to fight over in court. It depends on the details.
Answer Applies to: Michigan
Replied: 3/12/2013
Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
It depends on how wrong the information is. If the erroneous information is very minor, trivial, or otherwise doesn't change any of the significant portions of the warrant, then no, probably not. You need to have an attorney review the warrant to see if it can be challenged.
Answer Applies to: Michigan
Replied: 3/12/2013
    William L. Welch, III Attorney | William L. Welch, III
    Perhaps. Whether incorrect information renders the warrant invalid depends on whether it was a simple mistake and whether the information did not ultimately defeat probable cause. A judge would have to decide at a suppression hearing. It is not illegal for police officers to be mistaken, but they may not deliberately put mistaken information in a warrant.
    Answer Applies to: Maryland
    Replied: 3/12/2013
    The Law Offices of John J. Carney Esq.
    The Law Offices of John J. Carney Esq. | John J. Carney
    Your lawyer will contest the warrant. The wrong address is probably a fatal error that would make the warrant illegal.
    Answer Applies to: New York
    Replied: 3/12/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    A valid search warrant is required to have a correct address of the place to be searched and a description of what the search is looking for.
    Answer Applies to: California
    Replied: 3/11/2013
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    From what you have posted, does not sound like the search warrant would be valid. If the search warrant has the wrong address of the place searched, it is a violation of the 4th Amendment.
    Answer Applies to: Illinois
    Replied: 3/11/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Not likely to be valid.
    Answer Applies to: Nebraska
    Replied: 3/11/2013
    Henry Lebensbaum | Henry Lebensbaum
    ONE would have to examine the entire warrant. It could be a fatal defect.
    Answer Applies to: Massachusetts
    Replied: 3/11/2013
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