Legal Question in Criminal Law in Illinois

search warrant error

I was arrested for cannibas production, delivery and also a gun was found in my house that is not registered to me. When the police came to my house the search warrant that they used had the wrong address on it.I live at at house #26 and the warrant said house #28. Also the search warrant had the wrong county on it.I live within 60ft of the county line but the wrong county is on the search warrant.My question is this. Was the search legal even though my wife signed it?I live in Illinois. thank you.


Asked on 3/25/03, 10:16 pm

4 Answers from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: search warrant error

Although there are no guarantees in any area of the law, you do have issues that you can argue in a Motion to Quash the warrant. An attorney can deal with the details.

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Answered on 3/26/03, 4:53 pm
Michael R. Nack Michael R. Nack, Attorney at Law

Re: search warrant error

You need to consult with a criminal defense attorney in the county in which you are charged as soon as possible.

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Answered on 3/25/03, 11:36 pm
Roger Malavia The Malavia Law Firm

Re: search warrant error

Due process requires a search warrant to describe with particularity the place to be searched and things to be seized. The judge who issued it must have had probable cause. These are all issues that can be raised in a motion to quash and suppress. If you are interested in more information and explanation of the law and procedure related to your circumstances please feel free to call our firm.

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Answered on 3/26/03, 1:45 am
David Shestokas Shestokas, & Associates

Re: search warrant error

There are quite a few issues regarding the warrant that was issued. It sounds likely that the warrant can be quashed and the fruits of the search suppressed, but for one issue, the conduct of your wife. If she gave her permission, then the warrant issues become significantly less important. However, her permission may have been obtained improperly. There are multiple issues. To discuss them feel free to call 630-257-8280.

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Answered on 3/27/03, 12:53 pm


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