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Is a search warrant valid if the date on the attached affidavit is signed by the judge 2 days AFTER the search was done ?

Ashland, MA |

The Warrant itself was signed was 2 days before the search. However the date on the accompanying supportive Affidavit, was signed 2 days AFTER the search was conducted. My attorney thinks that the courts may try and just say it was a typo. The police refused to let me see the search warrant when the search occurred. I did not get to see it until a full week after the search, so I am suspicious that something was initially wrong with the paperwork at the time the search was conducted.

Attorney Answers 5


It may be a typo--what do you do if the judge swears that he approved the search warrant on the day of or before the search, but didn't physically sign the warrant until after? Take the direction of your lawyer.

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No. You need to be represented by an attorney to fight any charges that result from the search. Also, your right to privacy may have been invaded illegally so you may have a civil rights claim. There are limits on what law enforcement can do, and many search warrants are quashed, but a review by a legal authority must be conducted to determine whether this is one of those situations. Good luck.

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Without seeing the document, I would sense that your attorney is

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It is possible it was a typo or it can be something larger. Work with your attorney. If you are not happy with there representation seek out and retain a different attorney.

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Your attorney has all the case documents and is in a much better position to advise you than any advice you can get on the internet (even from this highly-qualified group of commentators). If you want a second opinion, consult with a criminal defense lawyer in person. Bring a copy of the warrant documents with you to the meeting. If you do not have the documents, you are entitled to get a copy from your current attorney.

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