Legal Question in Criminal Law in Georgia

How do you determine if errors on a search warrant are enough to have it thrown out in court

(1) search warrant has john q public as name who lives at 123 drive. John q public lves the next driveway up at 124 drive. His son jonn q public jr is axtually the one living at 123 drive.

(2) first paragragh on the warrant, the one written by the judge calls the officer a HE, when the actual officeer whos name is on the affidavit brought to the judge IS A FEMALE. How in the heck can a judge sign a warrent based SOLELY on the information the officer swore to him as being true and not know if the officer is a male or female?


Asked on 1/08/14, 6:57 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If you actually want to defend the case get a lawyer.

As to (1) Identifying John Q. Public Jr. without the junior is not likely to be a serious challenge absent information you did not post.

As to (2) Many warrant forms use a generic he/his for gender, so if this warrant was drafted on such a form, this is not likely to be a serious challenge either.

The law as to search and seizure is complex, and even experienced attorneys spend hours each year learning the evolving case law. It is very likely that the important questions, if there are any, about a warrant will be the ones you didn't ask in your question.

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Answered on 1/08/14, 7:21 pm


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