Legal Question in Real Estate Law in Missouri

Even though there is a consent to search in the home and then the city turns it over to the state and issues a warrant, is the warrant still valid even though there is not a precise address on it?

Asked on 11/16/12, 9:06 am

1 Answer from Attorneys

Anthony Smith LawSmith

Your question seems to have confusing facts. If there is consent to search, the need for a warrant is moot, so the question of mhte validity of a warrant is irrelevant. If the question of hte admissability of evidence relies on the validity of a warrant, then factual discrepancies, such as a wrong address, can be used to exclude the evidence.

Absent a question of the admissability of evidence, the validity of a warrant, rarely comes up. About the only other circumstance is a tort claim by he proeprty owenr agsint an office who is using a warrant to defend or justify their presence on the property. Perhaps a warrant could be used as a defense to the prosecution of an officer for trespassing. But that would be even rarer tthan a civil suit by the landowner.

If this doesn't answer your question, perhaps you can repost with a clearer description of the facts.

Good luck

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Answered on 11/16/12, 10:38 am

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