My garage door was torn open by the police that had a search warrant with the name of a person I knew, but did not live at my residence. The search warrant was not given to us upon entry, as well as no knock and announce notice was given. My mother, who is the homeowner asked the police for a copy of the search warrant and they would not give it to her. The search was not audio or video taped, and a receipt for the property that was taken was not given to me, or my mother. Also, the address on the search warrant was incorrect. The address on the search warrant was for the garage next door to mine. A firearm was found in my garage, and they are trying to charge me with it as a felon with a firearm as well as ammunition. They have now offered me a 16-month prison sentence. Help!!
Family Law Attorney
Obtain counsel immediately. This is a complicated matter that you could not possibly be adequately handled by a non-lawyer. There are some immediate problems for you that may be overcome, e.g. that you may or may not have standing to challenge the search because the residence was not yours, but there is a new vase out of the U.S. Supreme Court that may change that for you. Many of us offer free consultations. www.taubcriminaldefense.com
The information provided herein does not create an attorney-client relationship. The information provided is to suggerst some general principles and should not be relied upon for client decisions. Only upon the hiring of counsel can such advice be custom-tailored to the client's specific situation and needs.
Criminal Defense Attorney
It sounds like the police may have confused your garage with the garage that was the subject of the warrant. If so there may be a motion to suppress whatever was found in your garage. There may be other issues as well. You say you have an offer from the DA but I don't see how that is possible without your having an attorney. If you do have one you should be discussing this with him/her, not with us.
Criminal Defense Attorney
Interesting situation. Not sure about this answer without further research, but there may be a good faith exception to the service of the warrant if the police honestly believed they had the right address when they served the search warrant. If you could show that they intentionally or negligent served the warrant at the wrong address, then there might be a motion to suppress. Ask your public defender because ultimately, you have an attorney and without knowing all the facts and information, we are purely speculating.
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