Legal Question in Criminal Law in North Dakota
Can a search warrant be dismissed?
If law concealed information during a surviellence report that they used to obtain a search warrant. would the search warrant become invalid? 2. While law enforcement officers were about to execute a search warrant the person who owned the residence showed up and offered them his keyes ,they ignored the keyes and busted his door in.is this not willful destruction of personnel property? is this further grounds to dismiss the search warrant? also apersonnel laptop pc was damaged by an officer because he could not gain access . please advise, thank you!
1 Answer from Attorneys
Concealed information may invalidate search warrant
The affidavit and request for search warrant must be analyzed while considering the concealed information. If the search warrant would have been issued by the Court with the concealed information included, the warrant will probably stand. If the Court would not have issued the warrant knowing the concealed information, you may have a valid attack.I do not know any basis for law enforcement to destroy property unnecessarily.
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