Should I file a motion to suppress based on an incorrect address on the search warrant? 1 Answers as of January 07, 2015

This happened in Massachusetts. It was a no-knock warrant. I pointed out that the police had the incorrect address on the search warrant at time of entry. I asked them to leave several times because I noticed this mistake, but the police refused. They didn't take any steps to correct this mistake either. The police have not given any type of report regarding the search of the house. The only reports they did provide were for probable cause to get the warrant, and a very detailed report to prove probable cause to seize my belongings for forfeiture. Is there any procedures or any protocol that law enforcement are supposed to follow when notified that they have a faulty search warrant with the incorrect address on it? They did describe my house pretty well. But still I feel there must be some procedure they should have to follow when faced with a mistake of this magnitude. Is there any case law I could use to help with my motion to suppress for this situation?

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Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
You may well have the wrong address as grounds for a Suppression motion. I would strongly advise that you do this through counsel. Criminal courts are not designed to accommodate pro se (represented defendants) and you could easily blow a chance to suppress the search. Obviously you know the stakes better than anyone by what was found and what you were charged with.
Answer Applies to: Massachusetts
Replied: 1/7/2015
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