Legal Question in Criminal Law in New York

Is it possible to obtain a copy of what "evidence" was used to obtain a search warrant?

Due to moving between the time evidence was collected and the issuance and completion of the search warrant I would like to find out if the warrant might be invalid.

Asked on 7/01/14, 4:58 am

1 Answer from Attorneys

S. MICHAEL MUSA-OBREGON NY Musa-Obregon & Associates

Absolutely. Every good criminal lawyer in any federal or state criminal case, in fact moves to invalidate the search warrant, whenever possible. The basis? Any intentionally or recklessly made false statements by the officers when applying for the search warrant before the magistrate who issues the search warrant. The statements are made under oath and the officer swears to the truth of his statements in the application. Usually the application is made by written affidavit where the officer states his case as to why probable cause exists to search the premises based upon previously obtained or observed verifiable evidence. The lawyer first moves to produce the search warrant, the search warrant´┐Żs supporting affidavit and the return (inventory of items seized with the warrant). Then she analyzes the affidavit and the search warrant and moves to suppress in a written motion, casting doubt whenever possible on the veracity of the officer's statements themselves. Lawyers also attack the scope (the breadth of the warrant) and the execution of the warrant (whether the officers conducted the search correctly according to what the magistrate ordered could be searched and seized). Hopes this helps.

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Answered on 7/01/14, 8:49 am

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