Arrest, Search, Seizure, Warrant Is this search warrant illegal?

[tiffanyhirsch]

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?

 

[CdwJava]

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?

It might.

Your attorney can review the warrant and the affidavit and see if there is grounds to make a suppression motion.

 

[army judge]

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?

It isn't illegal.
It could be invalid.
You might want to consult with an attorney.
The police will have some explaining to do.
Do you reside in apartment 123 or 213?
Which apartment was searched?
Was was seized?

 

[mightymoose]

If this is a simple typo don't expect it to amount to much. Does #213 appear correctly elsewhere in the document?
Keep in mind that the agency that requested the warrant will have multiple other documents in support of the warrant that likely have the correct apartment number.
Also, although the apartment number may e wrong, there is likely a very detailed description of the location of the apartment.

I suspect you would have difficulty having any evidence withheld due to this. You will need a stronger argument to show that the warrant was served at the wrong location.