Must the supporting affidavit be attached to a search warrant when it is presented?

Asked 10 months ago - Patterson, LA

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!

Attorney answers (2)

  1. Thomas J. Wagner

    Contributor Level 19


    Lawyers agree


    Best Answer
    chosen by asker

    Answered . 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).

  2. David Paul Morgan

    Contributor Level 13

    Answered . It is supposed to be attached but often is not. It is not, as my colleague observed, a fatal flaw.

    The above communication does not establish an attorney/client relationship and is likely not considered... more

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