Legal Question in Criminal Law in Illinois
search warrants
if a search warrant is served and it was for a wrong address and drugs and weapons are found at the address, legally is the case suppossed to be thrown out and can charges still be issued?
2 Answers from Attorneys
Re: search warrants
In most cases, the answer is "no" although a challenge to the warrant should always be made. Under Minnesota law, courts have ruled that an innocent error where the officer's relied on the warrant in "good faith" does not invalidate the search made -- assuming, of course, that the warrant reflected your address.
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Re: search warrants
In Illinois, the search warrant is defective if the address is different than the place searched. There has to be a hearing upon a proper motion having been filed. The judge will then decide. If he decides the warrant is defective, he will suppress all evidence seized.
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