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Asked 10 months ago - Libertyville, IL
FlagPolice put the wrong name on the warrant, and stated they were searching for drugs. They found 3 unregistered pistols in a room. They dropped the drug charge and are only pursuing the weapons. Also, they are charging him as a felon, even though he only has a misdemeanor. (His lawyer is a state appointed defender)
A defendant can be charged with an item seized while police were serving a valid search warrant, even if the specific item was not listed on the warrant. The answer to your question is fact specific based on the details on the warrant and the probable cause affidavit made in support thereof.
A person can be charged with being a convicted felon in possession of a firearm, but of course, he must be a convicted felon to get a conviction on that charge.
The "wrong name" on a warrant may or may not be a fatal flaw. It depends on all the facts cotained in the "4 corners of the document".
Since he has legal counsel in your area, a competent Public Defender will know what to do to challenge the search warrant and any and all items seized by law enforcement. The federal caselaw on the 4th amendment is well known to practicing criminal defense attorneys. Your state law on search and seizure will be well known to any practicing criminal defense lawyer in IL.
Keep in touch with the defendant's counsel and he'll know how to file a motion to suppress evidence and to dismiss a charge as counsel thinks is in the best interest of his client.
Search warrants are a very complicated matter. The standard of validity is looking at the four corners . . . but the bottom line is that the search warrant need not list what they find. The search warrant must contain a sufficient basis upon which to justify the violation of your constitutional right of privacy.
There isn't much I can say about court appointed lawyers in IL. They might be great or they might be terrible. I have not practiced there . . . but I will say this, even a bad attorney can spot issues with a search warrant.
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