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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20067
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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Police officer knowingly swears to false information to a Magistrate

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Police officer knowingly swears to false information to a Magistrate in order to obtain search warrant of private home. Has Police officer broken any Laws?

Hello,

Thank you for the information and your question. If an officer knowingly, or recklessly, provides false information in an effort to obtain a search warrant, then that is a violation of Federal law (see 42 U.S.C. 1983). The individual harmed by the false statement could file a Federal lawsuit against the officer. In addition, of course, if the person is arrested and charged with a crime, their attorney can file a motion to suppress any evidence gathered as a result of the warrant that was issued based on false information.

Please let me know if you need any clarification. I would be glad to assist you further if I can.

Customer: replied 3 years ago.


What would the federal lawsuit be? Libel? Slander?

Hello again and thank you for the reply. No, it would be a violation of your civil rights under the statute that I cited to you. You can read the statute at: http://www.law.cornell.edu/uscode/text/42/1983
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Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the legal answer I provided you on the 11th of May. The Site has been a little buggy lately so the Experts are not always getting replies or ratings that the customer thinks have gone through. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue if needed.

Thank you.