My friend was arrested at home after the Sheriff's Department executed a (hastily obtained) search warrant. The warrant itself seems to contain all the necessary elements, but I noticed it was only pages 4 and 5 of a packet.
Was the supporting affidavit supposed to have been presented with it, given that it (allegedly) contains the probable cause necessary to obtain a warrant?
Thanks in advance for your time!
Criminal Defense Attorney
It should be attached (if there is one) to the copy that is served. The failure to attach it probably will not effect the outcome of any suppression motion. The motion would be decided on whether sufficient probable cause was presented to the magistrate to permit the issuance of a search warrant (or some other issue unrelated to the failure to attach the affidavit).
Personal Injury Lawyer
It is supposed to be attached but often is not. It is not, as my colleague observed, a fatal flaw.
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