Does a search warrant have to have your correct address?
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Does a search warrant have to have your correct address?
Does a search warrant required to have correct wording, spelling, address, etc.
Asked on October 11, 2010 under Criminal Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A search warrant must be precise on its face or it is not valid. In this regard, you are looking for 3 things:
- Address - Check that the warrant really does have your address on it is. If the warrant recites an incorrect address, it is invalid (even if the correct house is searched).
- Date - A "stale warrant" is invalid. There isn’t a precise number of days that warrants are good for; they can be served as long as a reasonable officer would expect to find the items listed in the warrant. However, the general rule is that a warrant should not be older than 2 weeks.
- Judge’s signature - If the warrant is not signed by a judge’s or magistrate it is invalid.
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