Legal Question in Criminal Law in Texas
Falsification of search warrants in federal drug case
Does a defendant have Fourth Amendment standing to contest a search and arrest warrant that was fraudulently obtained by specifically claiming that the premises to be searched belonged to the defendant when, in fact, the premises belonged to a third party. In addition,false claims of prior crimes against the defendent were stated to obtain this warrant.
1 Answer from Attorneys
Re: Falsification of search warrants in federal drug case
If the warrant was intentionally falsified, that would usually be a basis to throw out all the evidence obtained as a result of the warrant. However, if the errors in the affidavit are innocent mistakes rather than deliberate lies -- or if they did not affect the decision to issue the warrant -- then there is no reason to exclude the evidence.
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