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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

Posted

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.

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Asker

Posted

So what about U.S. v. Leon and the "good faith" exception?

Posted

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.

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Asker

Posted

So what about U.S. v. Leon and the "good faith" exception?

Posted

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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Asker

Posted

So what about U.S. v. Leon and the "good faith" exception?

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