Legal Question in Criminal Law in California

Does Jurisdiction matter in Search Warrants?

My front door was broken down by police officers from a neighboring city in an attempt to serve a Search Warrant. They were looking for evidence of Identity Theft. Thank God my pets & I weren't home at the time.

They searched my apartment, which I shared with two other people who also were not home. They took a lot of different items, most of which were not mine.

When I contacted the Investigator that was listed in the information they left, he told me the case had been turned over to my local police department because of ''wrong jurisdiction''.

My questions are:

1.) Can a Search Warrant be served by another towns police department without having an officer of the court from my town with them?

2.) Does the newly enforced ''Patriot Act'' make it a moot point?

3.) Can the case be thrown out because of this?

4.) Does it matter that they went through every bedroom, bathroom etc., not just mine?

Thank you in advance for your time and consideration to this matter.


Asked on 9/17/03, 9:16 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Does Jurisdiction matter in Search Warrants?

Jurisdiction does matter. If they came by mistake to an address different than their warrant listed, it may be a defective search. If it was the correct address, but the wrong agency acting outside their jurisdiction, it may also be a defective search. Either way, you may be able to recover for your damages. If they found contraband or evidence to use against you, it may be suppressable because of the defective search. If they bring charges against you, consult with an experienced attorney to discuss the actual facts and defenses available. Contact me if interested.

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Answered on 9/17/03, 1:22 pm


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