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This depends on what transpired. Law Enforcement are protected under "good faith error". However, a warrant is specifically suppose to contain a name, an address, and a physical description of the persons/place to be searched and a detailed and specific list of objects to be seized.

I.E. "This warrant is to search John A. Doe, a white male standing 5 foot 5 inches, weighing 180 pounds with brown hair and blue eyes that lives at 544 Muffin Lane."

Now If the Police executed a search warrant and John B. Doe, matches the physical description, this would be a good faith error. However, If John B Doe, was a white male, at 6 foot 11 inches, weighing 375 lbs with red hair and brown eyes. This may not be considered a good faith error but rather a violation of the 4th amendment.

If you feel your rights were violated and you were hurt or your property was damaged as a result of an incorrect or unlawful search it would be wise to contact a civil rights attorney.

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13y ago

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