Legal Question in Criminal Law in Pennsylvania

Search Warrants

Can a search warrant be opposed or canceled?

should I set an appointment up to see the D.A. or Magistrate to show my evidence or possibly squelch all?


Asked on 3/09/07, 7:32 pm

1 Answer from Attorneys

Brian Zeiger Levin & Zeiger LLP

Re: Search Warrants

A search warrant cannot be opposed or canceled. The state actor, cop or da, must write out an affidavit of probable cause and a warrant. Those two documents are presented to a judge, magistrate, commission, or district justice, who must independently review the two documents and determine if, assuming the information contained with the warrant is true, would there be 'probable cause' to believe that illegal acts are taking place that police want to search or seize. If the independent government body agrees that probable cause exists, then warrant is signed and the government may execute the warrant. This entire process is ex parte (meaning no lawyer for the accused).

In PA, there is nothing you can do to prevent the execution of the warrant once signed. Your remedy is to file a motion to suppress before trial to show that the warrant was defective or insufficient in some way that amounted to no probable cause. If that happens, the judge should throw out the illegally seized items and any fruit from said seizure.

The term "squelch" is not a legal term. The term you may be thinking of is "quash," however that term is inapposite to this discussion.

Good Luck, feel free to email or call.

Read more
Answered on 3/09/07, 7:54 pm


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania