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If Spokane county police department is you to a search

Customer Question
If Spokane county police...

If Spokane county police department is you to a search warrant for my place and they came into it without the judge's signature on it is that legal

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

Washington State Spokane county

Lawyer's Assistant: Has anything been filed or reported?

What do you mean

Submitted: 6 months ago.Category: Legal
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Answered in 13 minutes by:
12/21/2017
Lawyer: Lucy, Esq., Attorney replied 6 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 32,264
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

It is possible for police to get authorization for a search warrant over the telephone. However, the magistrate is supposed to then give someone else authority to put the judge's signature on the warrant. RCW 10.79.035. With no signature at all, there is no evidence that the warrant was authorized by anyone, which means it's not valid. If you were charged with a crime, you have the ability to file a Motion to Suppress, asking the judge in your case to toss out any items seized during the search. Any statements made related to those items are inadmissible, plus any evidence they found as a result (like if they found an address that lead them to more evidence). That's all considered "the fruit of the poisonous tree," and can't be used.

If you are able to get the evidence suppressed, in many cases, it may be possible then get the case dismissed. But the starting point is the Motion to Suppress. When you go to court, if you're charged with a crime that could potentially carry jail time, the judge can appoint a lawyer for you at no expense. Your lawyer will file the motion for you.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent customer service. Otherwise, please rate my answer positively so I get credit for assisting you today. Mobile users may have to scroll to the right. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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