Legal Question in Criminal Law in New Jersey

search warrant and affidavit

If an affidavit to request a search warrant for a residence describes such residence but the actual search warrant also has a description of the residence but clearly says ''we have reason to believe that in and upon certain VEHICLE within the township...'' then the house is described, but then towards the end says ''leave a copy of this warrant, together with receipt, in or upon the VEHICLE from which said property was taken'', are these grounds to challenge the search warrant with the prosecution if the property seized was not taken from any VEHICLE whatsoever, please advise. Thanks


Asked on 9/30/08, 11:43 pm

3 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: search warrant and affidavit

You could be right. Some research is required.

Gary Moore

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Answered on 9/30/08, 11:50 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: search warrant and affidavit

1. Shouldn't your attorney handle this for you?

2. I assume your case is in Ocean County. If that is the case, good luck (for many reasons).

3. You would have to look at the rest of the information to see if they are talking about a car or a house. Sounds like this was just a typo.

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Answered on 10/01/08, 12:06 am
Ronald Aronds Law Office of Ronald Aronds, LLC

Re: search warrant and affidavit

Possibly. If the police really intended to search a vehicle based on their investigation, then this search warrant may be invalid. A competent lawyer can file a motion to suppress the evidence, and then take the testimony of the police officer or officers who did the investigation to see exactly where they intended to search based on their observations. I am an attorney who has handled many cases similar to yours in various courts throughout New Jersey in the past. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

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Answered on 10/01/08, 8:52 am


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