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

UPDATED: Jun 8, 2019

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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