Legal Question in Criminal Law in Iowa

The police served a serach warrant for my home.When i looked at the warrant there was the name of a guy on it that did not reside at my residence. When i asked the cop about this he answered" we had info that he was living with you but i can see now that he does not". Is that enough to make the warrant invalid and the evidence inadmissible? Also there was no reason for the search on the warrant and there was not a notary stamp.


Asked on 8/30/12, 4:43 am

2 Answers from Attorneys
Robert Luedeman solo practitioner

1. Doesn't matter.

2. No.

3. A magistrate's signature does not need a notarial stamp.

You say there's no reason for the warrant. If evidence was produced that tends to negative the assertion, but if you think you've got an argument by all means your attorney should make it, unless it's frivolous. Attorneys are under no obligation to make bogus arguments at the urging of their clients.

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Answered on 8/30/12, 5:53 am
Todd Miler Miler Law Firm

It depends upon whether the information about the "other guy" provided the probable cause basis for the search warrant, or if there was other information about you or others living at the residence. An attorney would need to look at the search warrant application and evaluate the evidence, including whether there was evidence tending to indicate that the other guy did reside with you.

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Answered on 8/30/12, 7:13 am


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