Legal Question in Criminal Law in California

search warrant

we were served with a sealed search warrant in stanislaus county by tracy pd.(san joaquin county).the warrant was made out to any police officer in san joaquin county but the affidavit naming a certain detective. this detective was not present during search.also no stanislaus county judge signed the warrant,only a san joaquin judge did.also my wife and i were detained in cuffs for nearly three hours yet never arrested.we later found out this was about a homicide investigation with our son being accused. he was in custody on unrelated charges during service.my question is does this sound to be a valid service or warrant?


Asked on 4/01/03, 11:49 am

1 Answer from Attorneys
Michael Troy Attorney at Law

Re: search warrant

A judge of one county may not issue a search warrant to be served in another county. The question is, what are your remedies? If anything was taken that could be used against your son, move to quash the warrant.

You may have a civil rights violation. The question is, what are the damages? Consult a criminal defense lawyer in your area.

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Answered on 4/02/03, 2:32 am


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