Legal Question in Criminal Law in California

A search warrant was served on a couple of my friends. They were arrested and are facing many various drug and weapons charges. However, the paperwork that law enforcement left had the wrong address! Wouldnt that be considered a technicallity, and if so cant the case be thrown out?


Asked on 2/24/14, 11:29 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

If the warrant was served correctly, then the error you describe shouldn't matter. A "technicality" is something that *doesn't* change the outcome, not something that does.

Read more
Answered on 2/25/14, 11:58 am
Joe Dane Law Office of Joe Dane

The "return" (the receipt they left) having the wrong address doesn't necessarily invalidate the entire warrant. Having said that, your friends' attorneys should be looking closely at the warrant to make sure it was valid and there isn't a motion to quash the warrant and suppress the evidence seized.

Read more
Answered on 2/25/14, 9:55 pm


Related Questions & Answers

More Criminal Law questions and answers in California