After a search warrant is issued, can it be supressed in court due to inconclusive evidence?

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After a search warrant is issued, can it be supressed in court due to inconclusive evidence?

The police came to my house this morning and my roommate let them in. They came downstairs to the basement and said they saw marijuana residue. They obtained a search warrant and proceeded with the search. They did not find any marijuana and did not present the marijuana residue they were describing to us. They did seize a powder substance, a scale, and my roommates cell phone but have not issued charges.

Asked on November 14, 2010 under Criminal Law, Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What you want here is to challenge the search warrant, correct?  You want to say that it was improper search and the fruits of the search should be thrown out as evidence (if that is in fact where they are going with that), correct?  Then seek help from a criminal defense attorney in your area.  Here is the one little glitch here: your room mate let them in voluntarily the first time around and while there they had time to observe the alleged evidence that gave rise to the issuance of the search warrant. Always a tough one. The real issue then becmes the "residue" that gave rise to the warrant was not what they thought that it was.  So was their seizure of the other things beyond the scope of the warrant? You never know so get help. Good luck.


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