Legal Question in Criminal Law in Minnesota

Service &/or No search warrant left on premise searched

A search warrant was placed in my hands as I was placed into a county sheriffs vehicle Aprox 50 yards from address on warrant,we then proceded to said address (in less than 1 mimute) vehicle door then opened and said warrant removed from my hands before I read it! property then searched after I was removed to jail,(all in less than 3 or 4 minutes) 6 yes 6 days later I had to pay the county office to get warrant to read (I have recipt ) complaint states warrant was left by officers on property,NONE found by myself &/or property owner ! Also complaint form later served me has WRONG county listed header of order of detention form ie (court & atty file #s ) DO NOT exsist in said county !


Asked on 1/09/05, 4:33 am

3 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Service &/or No search warrant left on premise searched

There are many challenges that can be made to a warrant including challenging the way it was obtained (probably cause to believe a crime has been committed and that contraband will be found), as well as the way it was served (a copy must be presented to a person with a right to occupancy and an inventory of items seized left).

For a review of these issues, we would have to see the documents used to acquire the warrant and review the warrant itself. For Minnesota criminal defense matters, visit us at http://www.criminal-law.tv or call 952.746.2153 for a free consultation.

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Answered on 1/10/05, 10:06 am
Thomas C. Gallagher Gallagher Criminal Defense

Re: Service &/or No search warrant left on premise searched

These are issues best reviewed with a good criminal defense lawyer. It may be that you and your lawyer may be able to find problems with the warrant and the way it was executed by law enforcement officers, to result in a court order for suppression of the evidence obtained.

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Answered on 1/10/05, 4:01 pm
John Fossum Lundblad, Fossum & Zrimsek, L.L.P.

Re: Service &/or No search warrant left on premise searched

I don't think anyone could properly explain to you how to handle this yourself. You will need a good attorney at the omnibus hearing to explore whether the search warrant was properly obtained and executed and if not, if the items seized can be suppressed.

This is not a situation you could deal with on your own.

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Answered on 1/09/05, 2:10 pm


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