If police remove items from a home during a search warrant and do not list them on the inventory log, does that nullify the warrant?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If police remove items from a home during a search warrant and do not list them on the inventory log, does that nullify the warrant?
Several items were removed from my house and not listed on the inventory log. They went into a pair of pants that did not meet the criteria of the search, in that no DNA “blood” was on the pants that were searched but not taken and a cell phone was removed. There were more items that were removed but not listed on the log.
Asked on November 2, 2010 under Criminal Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
It may or may not have an adverse effect on the entire warrant. The law in your state would have to be researched and clarified. But it is more than likely that it can be argued that the items that are not listed specifically can be excluded from having any evidentiary use should they reveal facts that are to proven against you. Warrants, though, can be written in a general way to allow the police to gain entry in to a home to search it for what they think they know is there (and to get a search warrant they have to have probably cause) but they are allowed to be able to take evidence they find or believe to find that may not be specifically named. Bring the warrant to an attorney to review and let you know. Good luck.
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 AttorneyPages.com 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.