Legal Question in Criminal Law in Texas

Search and arrest warrant

my daughter was arrested during a drug raid.The police left the search and arrest warrant on table

in house it was signed & dated with time by local

JP.It was not signed /dated or time by peace officer

nor did it list adress to be searched or person they

suspected of comitting crime.also left on table was

search & seizure record.There were items seized but

were not listed i asked officer were these items were at he said they have them.I asked officer why they

were not listed he gave no answer


Asked on 10/30/00, 11:26 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Search and arrest warrant

To be legally effective a search warrant must specifically describe the premises to be searched and the items to be seized. If does not comply, the evidence will be excluded if the judge is competent, and many are not.

A copy of the warrant and the inventory or "return" is to be left on the premises after the search. Failure to do so is a defect making the search invalid and the evidence seized subject to suppression.

You need the advice of an experienced criminal attorney in your area.

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Answered on 11/16/00, 10:59 pm


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