Legal Question in Criminal Law in Florida
Can you tell me if its illegal for a judge to issue a search warrant for someone's house if he (the judge) has something incriminating in the house he is looking to recover? If it is illegal then what can be done about it?
Asked on 3/15/12, 7:32 am
1 Answer from Attorneys
Burt Stutchin
Harris & Stutchin
Not sure I understand the facts. A warrant must issue upon probable cause to be believe that a crime has been committed. If contraband is recovered and the homeowner arrested, the issuance of the warrant can be contested using a motion to suppress. If the motion is granted, the evidence will be excluded from use at trial.
Answered on 3/15/12, 7:39 am
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