Legal Question in Criminal Law in California
''blank check'' warrants
Am I wrong to assume that a search warrant should include the specific address that is to be searched? What about names of the residents? Lastly should the warrant include some kind of case number?
Thank you for your time.
2 Answers from Attorneys
Re: ''blank check'' warrants
As a general proposition, 'assuming' anything is not really safe. With regard to a warrant, it must state with particularity the place to be searched and the things or types of things to be siezed. This does not mean the actual address must be on the warrant; nor anyone's name in particular. It means the place to be searched must be adequately described. For example, "the third house north of the corner of Fourth and Main, on the east side of the street", would adequately described a place. It must also describe the things to be taken. Now, whether the warrant in question is adequate depends on a great deal of circumstances you probably could not include in a post on this site. For example, the officer who sought the warrant must submit an affidavit stating with particularity the facts that support his claim of probable cause to execute the search. These facts must be relevant, recent and objective. I suggest you seek a criminal defense attorney and discuss the entirety of the case with him or her.
Re: ''blank check'' warrants
YES, THE WARRANT MUST BE SPECIFIC, AND IF NOT IT CAN BE ATTACKED. But no case number is required. CALL IF YOU NEED MORE HELP. LARRY WOLF 310 277 1707
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