I have a criminal matter that involves a really poor affidavit on the officers part. The judge they had sign their warrant is a family law judge. Now I'm contesting the validity of the warrant but in a whole different court house with the criminal judge. Can this judge overturn a warrant after we prove everything on the affidavit was lies or guess police work or does the criminal judge just take off the lies we could prove & then the affidavit goes back to the original judge to see if there is still probable cause in his eyes?
Criminal Defense Attorney
If I'm understanding your question correctly, your motion to quash the search warrant will be heard in one hearing in front of one judge. If there are material misrepresentations or omissions, that judge can excise those portions - if probable cause still exists, the warrant survives. If the judge feels that there is insufficient probable cause after portions are removed, they can rule the search warrant invalid and exclude the evidence gathered as a result.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
Mr. Dane gives a well reasoned response.
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