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Can the evidence seized based off a warrant be challenged if the warrant lacked probable cause or lack of specificity?

Las Vegas, NV |

If police used a warrant that lacked probable cause to search a place, can the evidence found be suppressed? Also, if a separate warrant were to lack the specificity required by the Fourth Amendment, could the evidence stemming from that be suppressed?

Attorney Answers 3

  1. Yes, every warrant has to be approved by a judge based upon a finding of probable cause. If you have some basis to traverse the warrant and show that the finding of probable cause was improper, then the evidence can be suppressed.

  2. Yes. Both would be grounds for a suppression motion.

    The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

  3. Those are the grounds for suppression--but the judge, not you, makes that determination.

    Hire a lawyer; do not try to do this yourself.

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