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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23530
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I had a search and seizure warrant apt. they did not find anything I believe they c

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I had a search and seizure warrant for my apt. they did not find anything I believe they came in my house for the wrong reason. I want to file for a motion of discovery. what do I do?
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
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Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Was an arrest made in conjunction with this search and do you now have an open criminal case? If so, you will be able to find out the basis of the search warrant was lawful and challenge it during the course of your case.
In order to get a warrant, the police must have probable cause to believe that they will find evidence of criminal activity if they are allowed to search the premises. A judge hears what evidence the police has and decides whether they have enough to provide them with probable cause. If they do not, the judge will not sign a warrant. You would be able to have the judge inspect the minutes of that in camera to determine whether the proceedings were in order and/or to have a hearing to explore the basis for the warrant and challenge it.
The fact that the police came up empty does not mean that they did anything wrong. They may have acted in good faith on the basis of erroneous information. In any case, that would be the subject of a hearing.

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