Legal Question in Criminal Law in Mississippi

search warrants

What would make a search warrant invalid?


Asked on 3/03/09, 6:53 pm

1 Answer from Attorneys

Wayne Woodall Wayne Woodall Attorney

Re: search warrants

There are many many things (too many to list here) which would make a search warrant invalid. Some of the things include the failure to actually be sworn when applying for the Warrant, the lack of proper authority of the Judge who issues the Warrant to issue a Warrant due to technical failure in the appointment process; improper description of the premises to be searched; searching the wrong property; over stepping the scope of the warrant during the search; and use of false facts upon which to obtain the Warrant from the issuing Judge. An experienced Attorney generally develops a "feel" for the proper execution and issuance of a Warrant and will know when to attack the Warrant prior to trial. Contact an experienced Criminal Defense Attorney if you believe you have a valid basis to attack the validity of the Warrant or the search.

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Answered on 3/04/09, 8:23 am


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