Legal Question in Criminal Law in District of Columbia

illegal search

A house was raided and weed was found. The affadavit said the undercover puchased cocaine on two attempts.This was the cause for the search warrant. What is the likely hood of this case going to trial since cocaine was not found during the search? Weed and a loaded gun was found in separate locations and a person who did not live in the house was arrested and charged.


Asked on 12/01/02, 2:26 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: illegal search

As long as the magistrate legitimately found

probable cause for the search based on facts

accurately set forth in the affidavit, the search,

subsequent discovery and seizure of the marijuana,

and arrest of one individual on the premises

would all appear to be legal.

The fact that a different proscribed drug was found during the search rather than the one described in the affidavit would in no way invalidate the legality of the search.

Read more
Answered on 12/01/02, 6:39 pm


Related Questions & Answers

More Criminal Law questions and answers in District of Columbia