How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27732
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

I had a search and seizure warrant apt. they did not find anything I believe they c

Customer Question

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: 2 years ago.
Category: Criminal Law
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
please give me a call(###) ###-####
Expert:  Zoey_ JD replied 2 years ago.
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.