Legal Question in Criminal Law in Louisiana

Illegal Search Warrant

Baton Rouge Police obtained a search warrant for my home. When they broke down the door they found illegal narcotics. Only one problem the address was for the apartment building behind me. The last number on the warrant was a 7 my address ended in a 5. The warrant also does not contain my name or my vehicle it simply says persons/residence/vehicles at the wrong address. The apartment was not in my name but in my wifes maiden name. Also on the side of my building it clearly states the address in clear block numbers. Just the same the building behind me clearly states the address that was on the search warrant. My question is the search warrant legal or probably gonna be deemed legal by a judge if i file amotion to suppress.


Asked on 1/16/02, 4:34 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Illegal Search Warrant

I would approach the DA for an admission that the warrant should be suppressed. The mere fact the outcome was discovery of contraband does not elevate an illegal search into a legal one. If that fails, file the suppression immediately. This answer is based SOLELY ON THE FACTS AS YOU PRESENTED THEM.

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Answered on 1/17/02, 10:30 am


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