Legal Question in Criminal Law in Wisconsin

I have a question regarding a search warrant which i believe may be illegal. In the first paragraph of the warrant, the officers are given permission to enter and search the premises. However, in this paragraph, the address is incorrect. The warrant gives permission to enter Apartment #123, but the apartment is really #213. Does this mistake make the search warrant illegal?


Asked on 11/05/10, 10:57 am

1 Answer from Attorneys

JAY Nixon nixon law offices

This question can only be answered by a judge after a properly presented motion to suppress has been filed by your lawyer and heard. Minor errors do not necessarily invalidate a warrant unless the premises to be searched cannot reasonably be determined. If they described your apartment correctly in all other respects, the warrant may survive a legal challenge. You therefore need to consult with an experienced criminal lawyer as soon as possible. My comments in the public web forum are not legal advice, but are instead provided solely for purposes of public education. No attorney client relationship is created because I have responded to your question. However, you are welcome to contact my office in Racine, WI, to make necessary arrangements to retain me.

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Answered on 11/13/10, 9:22 am


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