Legal Question in Criminal Law in South Carolina

Illegal Search Warrant

if a search warrant is issued for a particular home, and it has the wrong address on it, if anything is found inside the home can the home owner still be charged with whats found inside? If bystanders are outside when the home was searched can they also be searched and charged if anything is found on the individual? Can the individuals vehicle be searched, and if anything is found ion teh vehicle can they be charged with what is found in the vehicle?


Asked on 5/28/09, 4:59 pm

1 Answer from Attorneys

Robert Johnston Law Offices of Robert J. Johnston

Re: Illegal Search Warrant

I would need much more detail in order to provide detailed answers to your questions. I learned a long time ago that giving an answer without knowing everything can do more harm than good, and you certainly do not want that. As far as the house is concerned, the law allows for certain things found to be admissible as evidence if the mistake that was made was on honest mistake and the police were basically acting in good faith. So, I am not going to say for sure, but I am saying that its possible. I would really need to know more about the situation and it certainly would be helpful to see the Search Warrant and know what was found and where. As far as the people outside the house, I would need to know if they were residents and why the police said they were searched. As far as the vehicle is concerned, I would need to know who owned it, where it was parked, whether it was on the Search Warrant and what was found. Can you tell me what County this was? You can email me at [email protected]

Robert Johnston

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Answered on 5/28/09, 5:32 pm


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