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Taintedjustice
Jan 24, 2013, 11:07 AM
When a raid is conducted on a premises in 2010 and the copy of the search warrant had no signature by a JP and stated the year as 2008 without a month or date, is the search considered still valid?

joypulv
Jan 24, 2013, 12:04 PM
Doesn't sound legal to me. Are you planning to try to do something about it after over 2 years? All they have to do is cough up a newer warrant, whether you got that copy or not; it will be their word against yours. Tough after all this time.

excon
Jan 25, 2013, 03:52 AM
Hello T:


is the search considered still valid? I don't think it was ever valid in the first place.

Excon

Fr_Chuck
Jan 25, 2013, 07:12 AM
The police at the scene do not have to possess a copy of the signed warrant when they enter. All the need is to have a copy signed. So one officer can be in a judges office and have it signed, the minute it is signed, another officer can go in the persons door.

Also most courts have upheld, that minor typo issues do not make the search warrant invalid.

The other issue,
All warrants are valid, until they are challenged in court, so it is valid, if there really was a warrant, until a judge in criminal court declares it is not valid.

So the issue here is, if there was no warrant, then they can not present one as evidence in court. If there was a warrant,then it is valid, you have a right to challenge it and ask for it to be over turned, and any evidence thrown out.