Present proof to the court that the premises that were searched were NOT the address contained on the warrant.
A search warrant could be faulty if it has wrong information on it. Then it would make the search warrant void. This can be the wrong name or a mistake on the address. If there is not a reasonable suspicion it could also be faulty.
No, not unless the error was found and corrected by the issuing judge or magistrate BEFORE the warrant was executed. If the warrant was served at the wrong address, anything found and seized could be excluded as evidence.
SEARCH WARRANTS are issued for addresses or specifically described premises. ARREST WARRANTS name a specific name. Which are you referring to? As long as a search warrant is served at the address set forth in the warrant it is immaterial what name appears on it. If it was an arrest warrant in what way was the name wrong? Spelled wrong? Gives their alias or street name? Gives a totally wrong name (i.e.: John Doe instead Jack Smith)?
regular close just like me and you , but they must show a badge and a warrant issued by the court with the person who they are looking for with their name, picture , and address for which they have the right to search and arrest.. trust it happend to me today .. they had the wrong person who dont live here but my address.. but orderd by the court.... they still have a right to search my home and make an arrest for that person on the warrant if found ..
The premises to be searched can be identified in severl ways; the correct mailing address - the real estate tax lot and plot number, or a physical description of the premises itself (e.g.: green house with brown shutters on northeast corner with an elm tree in front).
Unable to answer without more specific information on the circumstances.
No. If the search warrant is invalid and they illegally searched you or someone you know (like without reasonable cause, or without the warrant) then they can't use any evidence against you. To the best of my knowledge, anyways. I don't know how many ways a search warrant can be wrong though...if they were searching for like, pot, but found cocaine, they CAN use that though. Or a gun, or something like that. If they have the warrant, they can use it. If they searched without the warrant, its invalid and inadmissible 100%.
No, it is just a clerical error, but it must be corrected before the warrant can be served.
It does not matter because as long as the warrant has the persons name on it somebody in the law will find them, it will just take longer.
yes, they have the right to arrest anyone that has any connection to the alleged person, with a warrant from court. but if you didnt do anything wrong you shouldn't be worried.
When a summons is sent to the wrong address you should return it to the post office. The office will search for a new address.
A trooper under the Patriot act can search a car if they have reasonable suspicion something is wrong. They can also search a car for no reason if they have a warrant from a judge.