Arrest, Search, Seizure, Warrant Warrant Date Wrong - Help?

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mudhippy

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So anyways, I went to work as usual on May 6th 2008 at about 7 am. Later in the day i hear from a roommate that the police have raided our place and that they had a search warrant. They find some very small amounts of marijuana and thats about it. So when i come back to look at the copy of the search warrant it says "This search warrant and incorporated affidavit was sworn to be true and subscribed before me this 6th day of October, 2006, at 2:50 pm."

So, i know that they have 10 days to follow up on a search warrant, but this is a little ridiculous, especially because we have not even been in the residence for a year. Also, there is no filled out Search Warrant number and the space is left blank, as well as the signature of the affiant. Can this be considered a void warrant and an illegal search and seizure, if not, what can be done to help me out?

Any help on this would be great.
 
There may be some document that updates it. In any event, if it really is that old I suspect that your attorney will have little difficulty in getting the evidence seized dismissed.

- Carl
 
Well, here is the story.

Our neighbors downstairs called the police because our landlord and went into their house without notice. So, anyways the police come into our house about 2 weeks ago looking for him. There happens to be a bong on the coffee table and he makes a joke about it. There is also an old street sign that was given to us by a neighbor who got it from a nearby Beach Ranger who was throwing it out. Well, the warrant was because the cop believed that we had stolen items and committed a felony. I'm guessing the stolen item was the sign... but would that matter at all if the day is so old? It seems farfetched that an error this large would go unseen and be signed. How would this hold up in court if we were to bring up that the warrants date was before we had even lived in the residence. (the search warrant is for the address, not any person). Maybe it's an old warrant they dug up?
 
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