Does a search warrant have to stay probable cause for the search
3 attorney answers
A search warrant must be supported by probable cause.
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The warrant does not have to state anything other than what property is to be searched. The affidavit that the officer provided to the Judge to obtain the warrant is discoverable in the case itself and if sufficient reliable information was not given to the Judge to request the warrant be issued then the evidence seized by the warrant can be suppressed. If your boyfriend was charged with any crime he needs to hire a criminal defense attorney who can file the necessary requests for this insformation and file any necessary suppression motion.
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I agree. The affidavit must provide probable cause but the search warrant only needs to person or place to be searched.
The information you obtain at this site is not, nor is it intended to be, legal advice. This communication does not create an attorney/client relationship. You should consult an attorney for advice regarding your individual situation.