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IndiaFoodie

Need information about search warrants, please!

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I don't understand search warrants that well, so I apologize. My understanding is police need one to search a location. And, they have to give the court information or reason in order to get a search warrant.

 

But, what happens if the police go into a place before getting the warrant? I mean, what happens if they have a key and go in to sort of scout around and see what is there before they go before a judge and ask for a search warrant? Can they get in trouble for doing this?

 

I understand that usually if they don't have a search warrant than anything they take can be asked to be excluded from a criminal case later. 

 

But, what happens if when they go in they don't grab stuff just then but first poke around to see if they can get info to back up their request to the judge for a search warrant. 

 

And then what happens if when they come back with the warrant they then take stuff? Would that stuff still be able to get kicked out of a case later?

 

And, what happens if the police then lie in their reports and never mention that they went in first to poke around before getting the warrant. Do they get punished and if so how?

 

And what about if the prosecutor should have known about all this because he had all the indications of it before him and his experience should have told him what was going on? Can he get in trouble too?

 

 

 

 

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There might or might not be any disciplinary action taken for the abuse of process that you describe. No way to predict that.

 

However, a defendant may be able to get evidence excluded as a result of a bad search and the punishment to the authorities who were involved is that the defendant could go free.

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Thank-you. Google says a motion to transverse the warrant challenges the truthfulness of the facts the judge was presented with to issue it. Now, here, stuff was taken during the search and it is not that they are claiming so far that they will use it to prosecute, but that they may, (of course just before trial) try later to use some of it. And, is it that they lied to the judge or that they failed to tell him fully about going into the place and looking before asking for the warrant? But, of course, if they had told the judge that in the first place, would he have been forced to deny their request?

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A motion to traverse is used when there are omissions in the affidavit in support of the warrant.  Whether or not the warrant would be quashed or traversed by the court based upon the omissions is fact specific.  In your situation, you said the cops had a key.  How did they get it?  Did some other occupant of the property grant permission?  Did they go in to ensure the property was secure and no one else was hiding inside? 

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Are these questions to fight a case or bring one? Something in your post sounds like a 42 U.S.C. § 1983.

 

Actually, it doesn't matter.

 

One way to fight such misconduct, lack of probable cause or a faulty warrant is to look at those who have sued over it, like: 

 

EVERETT LEWIS, v. TAZEWELL COUNTY, No. 10-1268 (2011).

 

Or, 623 F.Supp.2d 940, Edwards v. Chicago Police, No. 06 C 6399, (2009).

 

Or, 662 F. Supp. 318, Doulin v. City of Chicago, (1987).

 

Maybe not the best examples, but you'll get the idea.

 

Think "policy and procedures". What standards do the police or prosecution go by?

 

Were these standards followed?

 

Plus, it helps to have evidence of what you're claiming.

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Law_Dogg2016, They got the key from searching someone. But, I have to withdraw this whole question. Sorry for wasting everyone's time. As, I say, I was looking at things sideways and what I thought indicated something important does not support that at all. So sorry. :(

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