How specific does a search warrant have to be.?

Question

State of NJ, 2 family house. With 2 mailboxes outside.
Does the warrant have to specify which apartment is going to be searched?

State of NJ, 2 family house. With 2 mailboxes outside.
Does the warrant have to specify which apartment is going to be searched?

Cops did not show us a warrant,
they walked in because My roommate answerd the door..they asked if that was his car out side and to move it becaude of street cleaning...he went to his room to get his stuff but didn't lock the door...cops then came right in arrested us both and raided the house and found 40+ grams of weed..We never saw a warrarnt...We signed a paper saying that we give permission to search the veichles.

Answer 1

Taking a Criminal Procedure course?

The particularity requirement is of constitutional dimension since the Fourth Amendment explicitly requires that "no warrants shall issue ... without particularly describing the place to be searched, and the person or things to be seized." However, courts have proven liberal in upholding warrants when there is a defect in the description of the place to be searched.

After the Supreme Court's holding in Maryland v. Garrison, a search warrant for an apartment building or other multiple occupancy dwelling need not be struck down even when the warrant fails to particularize the apartment or subunit of the dwelling to be searched.

Also, a warrant will not be struck down, even if it has the wrong address, as long as the poice have a good faith belief the warrent is valid.

The validity of a warrant directing the search of a multiple-occupant building without identifying the particular unit to be searched depends on whether probable cause for so describing the premises is shown in the affidavit.

It is valid to issue a warrent for the entire building, but if the police know what the specific apartment is, and yet fail to specific it on the warrant, it is probally invalid, unless the police knew that only the correct one should be seached. If they seached the wrong apartment in addition, then that seach is probally invalid, and the seach on the correct apartment is likely be invalid too. See the majority opinion in Maryland v. Garrison (Stevens and Rehnquist agreed on this case, so it must be good law!).

In summary, it might or might not be vaild. It turns on the what the police knew and did. If they knew what the correct apartment was, and searched it, the search is almost certainly valid. If they had a valid warrant for the whole building, it's vaild. However, if they searched both apartments without probally cause to seach the second, the whole warrant is probally invalid.

If this is a real legal matter, be sure to see a local attorney.

Answer 2

A Search Warrant Must State

Answer 3

1

Answer 4

If specific address specified is wrong address period and home listed on warrant is a single unit home,as well as adjacent one unit home meant to be searched but has a different address than one listed on warrant,is the warrant still valid considering that the two one unit homes are not attatched or connected period and officer oath of affrimation that address specified is correct but ends up being wrong address period is warrant still valid or anything found while conducting searching right house but has a different address specified on warrant admisable in court after basically being an invalid illegal search of premisis due to fact that premisis being searched isnt the same premisis specifically listed on warrant issuded to be executed by local police that applied for warrant and showed probable cause showing legit reason for search ending with warrant being singed and issued to police by local judge or magistrate whichever being easily located and called apoun for application approval and signature by whichever one is most convienently found and addressed by local law enforcement applying for warrant.

Answer 5

Yes, the search warrant be issued stating among other things the person, place or things to be searched or seized and it must not just be left or delivered in a mailbox because the search warrant must be read in front of the person to be seized to determine probable cause. If the above elements is not complied with, then it is not a valid warrant of arrest.

Answer 6

Get a No Cost Background Check Scan at https://bitly.im/aNEVI

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Answer 7

If they did not have a warrant and they did not ask to search the home, then the evidence will be tossed out. They cannot search your home without your permission unless they have a warrant (4th amendment right).

If they did have a warrant, then it has to be very specific. What home, what they are looking for, what they are allowed to search, etc.

Answer 8

No, they can do what ever makes them look good and you look worse. My advice to you is, look your hardest to find the best lawyer who will fight to get this search warrant tossed out at a contested obnouse. hearing. Don't let someone talk you out of it. Public defenders like to and will. Don't give up.

Answer 9

The search warrant in order to be valid must specify what areas are to be searched, what things to be searched and the period of time for its validity.

Answer 10

yes but they could say they got lost but then the evidence is tossed out. Evidence is the core of every trial. If your lawyer did well in Evidence he will win it for you.