Legal Question in Criminal Law in Arizona

Search ruled illegal - new charges

If a search has been ruled illegal, can further prosecution take place against another individual under the same search warrant? Approximately three years ago, a search warrant was served at a particular residence. One of the residents was arrested and charged. A suppression hearing was held, at which time the entire search was ruled illegal (failure to knock and announce). As a result, the case was dismissed. It is now three years later, and a different resident was just arrested pertaining to the same search previously ruled illegal. If the search was ruled illegal in one case, wouldn�t that same search still be considered illegal in the new case?

Also, could they charge the original person arrested with new charges under this same search warrant?

Any information would be appreciated. Thanks!


Asked on 6/04/06, 1:55 am

1 Answer from Attorneys
Jason Lamm Jason D. Lamm Attorney at Law

Re: Search ruled illegal - new charges

The other person could be charged depending on their possessory interest in the home. That is, only a person with such an interest (legal standing) can assert illegal search and seizure. As to the original person, charges are not likely, but with the way the prosecutors are these days, nothing would surprise me.

I handle a lot of search and seizure cases and am very aggressive in defending them. If you are look to hire counsel and but this matter to bed - once and for all - call me at (six zero two) two two two - nine two three seven.

Read more
Answered on 6/04/06, 10:27 am


Related Questions & Answers

More Criminal Law questions and answers in Arizona