Legal Question in Criminal Law in New York

drug raid

Can an search warrant be issued for your home if the cops say that you made a sale to a confidential informant at a totally different location a different house and the houses were about 4 miles apart. and there was no illegal activity out of your home.


Asked on 2/12/09, 11:02 pm

1 Answer from Attorneys

Matthew Schwartz Schwartz & Ponterio, PLLC

Re: drug raid

It depends on the circumstances. In order to obtain a search warrant, the police must provide evidence to the court that they have "probable cause" to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there.

Even if the actual sale did not occur at the home, there may be probable cause that there is evidence of the sale (or other crimes) at the home.

Whether the warrant was proper will depend on the evidence that was submitted to the judge who issued the warrant.

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Answered on 2/13/09, 8:59 am


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