Question by  goosh (20)

When you're filing a search warrant, don't the names have to be right?


Answer by  Iamstrong (659)

A search warrant should not violate a reasonable intrusion of privacy, should specify where places involved in search and should be based on probable cause; therefore, names should be correct.


Answer by  LadyLawyer (325)

This would be for the defense to bring up as a reason to suppress the evidence found in the search. The prosecutor probably would not know that the names were wrong, or they would not approve the search warrant.

posted by Anonymous
Prosecutors don't "approve" search warrants. The whole purpose of the warrant is that it be submitted for approval by a neutral judge.  add a comment

Answer by  tamarawilhite (17883)

If the name is spelled incorrectly, the address and probable cause to search that resident must be correct. A name misspelled by one or two letters or a nickname in place of a legal name do not void a search warrant.


Answer by  Mary (2095)

On some occassions the police do not know the name of the person or persons at a location in order to have that information in the search warrant. The name, location and what is being searched for needs to be specific enough that the search warrant can be executed be a reasonable police officer.


Answer by  patti (29325)

The primary issue of a search warrant is the specifics of what is to be searched. For example, a property belong to a specific individual may be the target of a search but the names of the individuals residing at that address may be different.


Answer by  epglaw (553)

The names do not have to be perfect matches. Mis-spelling a name was not mean the warrant is invalid. So long as it is close enough, it is valid.


Answer by  jbreezy (-2)

and if the person who the warrant name has no mail or anything linkin him to the address is it valid

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