Can the evidence seized based off a warrant be challenged if the warrant lacked probable cause or lack of specificity?
Las Vegas, NV |
If police used a warrant that lacked probable cause to search a place, can the evidence found be suppressed? Also, if a separate warrant were to lack the specificity required by the Fourth Amendment, could the evidence stemming from that be suppressed?
Yes, every warrant has to be approved by a judge based upon a finding of probable cause. If you have some basis to traverse the warrant and show that the finding of probable cause was improper, then the evidence can be suppressed.