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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4374
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I was served a search warrant where they obtained chemicals

Customer Question

I was served a search warrant where they obtained chemicals in my husbands shop our apartment is connected to it we were both charged with manufacturing the warrant was served with the wrong address but the description was our shop but my sister in laws address beside us can it possibly be suppressed
JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?
Customer: North Carolina may 13,2016
JA: Have you consulted a lawyer yet?
Customer: We have court appointed lawyers
JA: Is there anything else the Criminal Lawyer should be aware of?
Customer: No
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 4 months ago.


I'm sorry to hear about your situation. It is possible that the evidence recovered could be suppressed. It depends on what the officers testify to. A warrant has to state with specificity the place to be searched. And in some instances, when the location on the warrant doesn't match the place to be searched, the courts have suppressed the evidence recovered from the search. The only hitch is that there is something called the good faith exception, and if the officers are somehow able to testify that they were mistaken in good faith about the place to be searched, since the description was accurate, they may be able to overcome the suppression issue. So it will ultimately depend on how the testimony goes and how the officers explain away the defect in the warrant, but it is still possible that a judge may grant the motion and suppress the evidence.

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