What happens if item stated in the warrant was not found on the property? 8 Answers as of February 23, 2012

Search and seizure law is very complex and requires a detailed analysis of all the facts and circumstances surrounding the search. In order to determine what can be done or whether or not the search was lawful is to sit down with an experienced criminal defense lawyer and have a very thorough discussion of what happened. I hope this answer is helpful. Good luck.

Warrant authorizes entry to look for those thing believed to be connected to criminal activity. Once indside, if cops see other material related to other criminal activity, whether or not connected to the one the warrant was for, can collect and persons can be prosecuted. You need to talk to the attorney handling the case. He or she has copy of warrant, the affidavit and supposedly the police reports.

If you weren't arrested, and nothing was seized, you lucked out this time, so get on with your life and hope no charges get filed against you. If you get arrested, defend the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

With regard to possible criminal proceedings, they can only use the evidence they collected against you if it was obtained as the result of a legal search based on a valid warrant. The constitution requires that the warrant state "with specificity" the items to be seized. But, I've seen warrants upheld on the basis of general "catch all" language such as "and any other evidence indicating the sale of illegal drugs." to support the use of evidence at trial that wasn't mentioned by name in the warrant. Based on the information you provided, it sounds like the warrant in your case was specifically tailored to one item which you said they did not find. If that's true, then they can't use anything they seized against you. However, if there was "catch all" language in the warrant, they might be able to use any or all evidence they collected. You should consult a criminal defense attorney right away.

You do not mention whether or not you were arrested. I will assume you were not. If this is the case, then the case should be over since the sought item was not found. If, however, you are now being charged with something else that was found instead, then a number of issues come into play: whether the warrant was legal; whether it was legally executed; whether subject item was in plain view, etc. You need a good attorney to analyze the details.

What can be done depends on what happened after the search. If no one was charged then you can file a complaint with the police internal affairs department. If the search resulted in an arrest or citation then contact an attorney with the facts and your copy of the warrant.

Nothing. There is no rule saying that whenever a warrant is exercised the item stated therein must be found.

This depends. If you were arrested and charged with a crime, you may have an issue for a motion to quash or a motion to traverse. However, absent any more facts, it does not appear that any wrongdoing occurred.