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What happens to a legal assistant if shehe does not tell the DA the search warrant was invalid?
Wiki User
∙ 15y ago
A "legal assistant" implies that the person was NOT an attorney and therefore cannot be held to the knowledge of the law that an attorney might have. That being said, - if she/he was an employee of the DA's Office and was held responsible for this knowledge in the performance of their job, they could be dismissed.
Wiki User
∙ 15y ago
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Is a search conducted under the assumption that the driver has a warrant that is later found to be invalid legal?
Yes it is. So long as the officer had no reason to believe it was an invalid warrant at thetime the search was conducted, it was legal.
If the search warrant is wrong can the police still used the evidence they found against you?
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%.
What is the time frame on a search warrant?
Unclear what the questioner is asking. . . that the warrant was supposed to be served at a specific time, on a specific date? The only time/date that I am aware of that appears on search warrants is the time/date that it was prepared and the judge or magistrate signed it. If the question is referring to a 'drop-dead' date by which the warrant must be served or becomes invalid. . . then the answer depends on the type of warrant it is, and what it was issued for.
Is a warrant valid if your at another address than your mailing address?
An arrest warrant doesn't care where it is served, the address is not important. A search warrant is valid for the address or premise listed in the warrant. Whether it is your address or not will not change the validity of the warrant.
What word means a court order allowing police to search property and seize evidence?
A Search Warrant
Can police issue a new search warrant while exacuting a search warrant?
Ive heard of police with a search warrant finding something non-related to the search warrant, and then issuing a new search warrant on the spot regarding the new issue.
What happens if a search warrant is is lost by the police after the search?
It's generally required that a person with whom is being searched or having their property searched under the terms of a search warrant be served with a copy upon the beginning or completion of a search. If the warrant was lost you could request a copy from the clerk of courts. You may be able to also have the evidence suppressed because you were not properly served with a copy of the warrant upon the beginning or ending of a search.
What is a search warrant for an urban premises?
Question makes no sense. A search warrant is a search warrant regardless of WHERE the premises is physically located.
Do the time the search warrant is obtain have to be on the warrant?
No. It's not the police's job to show you the warrant as long as they have a valid one. By the time they leave your house you will have one posted on your door or given to you personally. As long as its it's a valid warrant i.e. at the department just authorized its ok. Your entitled to a copy of it which you will get during the search if it is not already present at the time of the search. When the enter your house at that specific time if any officer has a warrant its valid. If they enter your house in the process of getting a warrant under the assumption that they will receive one its invalid. Actually having the warrant at the scene during the time of entry is not required.
Can police search a home with a summary arrest warrant?
Technically they cant unless they have a search warrant not an arrest warrant.
What does search warrant mean?
A search warrant is a document an offical must have to search your property for any reason.
What legal document permitting searches?
house search is the answer
