Legal Question in Criminal Law in Texas
My son was arrested Feb 2, 2011 after a search warrant was executed at my home. The warrant was signed on Feb 2, 2011. The time listed on the search warrant was 18:25 a.m. (an invalid time, since 18:25 can ONLY be p.m.) The inventory list left was incomplete--items were seized that were not listed. In addition, the search warrant specifically stated that the Suspect substance is Marijuana. They confiscated 4 tabs of a controlled substance (Zanex), and one of the charges against my son is possession of a dangerous drug. Do we have any grounds for dismissal, or invalidation of the search warrant?
1 Answer from Attorneys
First regarding the time - that would be considered a typographical error which has no effect.
The inventory list could mean that an officer took something and didn't record it, or that they stole it. Sadly, this does happen. But, it will be your word against the officers'. And, even if they concede that there was something taken that was not listed on the return, this would be an error that has nothing to do with the search or finding of illegal substances.
With regard to taking the xanex tabs - while searching pursuant to a warrant for the marijuana, the police were allowed to take anything that on its face was illegal. If the pills were in a bottle with your son's name - his prescription - then they could not take them. If they were just lying about, then they could take them. (This case could be dismissed if your son is able to produce a prescription for the tabs.) To give you an example, if the officers found an illegal weapon - say an Uzi or a sawed off shotgun - they could have seized those, too, because they are clearly illegal even though they are not marijuana or even drugs.
Your son needs a good local lawyer to represent him. While you have not stated any grounds for a motion to suppress illegally seized evidence, there may be grounds somewhere - and oftentimes it is in the affidavit that was used to obtain the search warrant. A lawyer will be able to review this evidence and determine if there are suppression issues.
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