Can a case be dismissed if the address for the search warrant is wrong on the police report

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Can a case be dismissed if the address for the search warrant is wrong on the police report

My friend was arrested after a warrant was
conducted in his home, but in the police
report, the agent has the address wrong.

Asked on June 8, 2019 under Criminal Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

It depends on whether from the context the error was a material one or a mere "typo." Examples:
1) The police wanted to search 1313 Mockingbird Lane. They presented evidence to the judge (to get the warrant) about 1313 Mockingbird Lane. They in fact went to an search 1313 Mockingbird Lane (the correct address, which they wanted to search and a search of which the judge approved). However, the judge's secretary or clerk accidently typed "1318" on the warrant, or the police after the fact accidently wrote "1318" on the report. In this case, the error is clearly a mere typo: the police searched the home they wanted to, that they presented evidence to the court about, and which the judge approved. The case will not be dismissed.
2) On the other hand, say that the police sought a warrant for 1313 Mockingbird Lane but because the warrant was accidently written out for 1318 Mockingbird Lane, the officers executing the warrant went to and searched that home. In that case, since a search of 1318 was never authorized, the search would be illegal and if the only evidence was from the illegal search, the case would be dismissed.


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