Legal Question in Criminal Law in New Jersey

Can you challenge a warranted search before being charged?

I was told that you can't because there is no docket number. But surely there must be some sort of identifier. New Jersey Court Rule R:3-6(c) says the judge must file the warrant when he gets the Return. R:3-7(a) says that the challenger may apply ''in the county where the matter is pending or threatened.

It doesn't seem right to wait months or years to have your property returned when the State can't make it's case. Or if they think they can, to suffer an arrest record when the case is only going to be dismissed.

Also, is it possible to get a copy of the affidavit used to obtain the warrant? The warrant only says that he affiant, in his affidavit, presented sufficient probable cause. there is no mention of what that was, and there is no way whatever he might have had could authorize the scope of the warrant.


Asked on 5/24/03, 4:19 am

1 Answer from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: Can you challenge a warranted search before being charged?

You can file a suit for the violations of your civil rights compel what is known as "discovery" whereby copies of document can be obtained, as well as other information.

On the other hand, filing a civil action may cause you to be criminally charged as a defensive tactic.

You may call me at 800 273 7933 to discuss your question. You can visit my website by clicking on www.garymooreattorneyatlaw.abn1.net/home.asp.

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Answered on 5/24/03, 9:27 am


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