Legal Question in Criminal Law in Missouri

Is a search warrant legal if it has the wrong owners name on the warrant? Is it legal if the person who doesn't live there gets arrested?


Asked on 8/04/10, 3:01 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Generally, a search warrant only has to specify the premises to be searched and the items being sought. Since they don't have to identify the owner at all, it's not usually a problem to identify her incorrectly.

Police can arrest anyone if they have probable cause. That includes people implicated by evidence they discover while executing a search warrant, regardless of whether those people live at the location of the search.

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Answered on 8/09/10, 4:30 pm


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