This follows up on my April 24 and 25 discussions of searches and search warrants. In 2004, the Supreme Court (1) confirmed that a facially invalid search warrant means the search was warrantless and (2) applied the same standard as would be applied where a warrant had never been sought nor obtained in the first place (in this instance, the Supreme Court invalidated the real property search conducted pursuant to this facially invalid warrant). Groh v. Ramirez, 540 U.S. 551, 563 (2004)...

See the rest of this article here: A facially defective warrant amounts to no warrant at all. - UNDERDOG BLOG - by M&K's Criminal Defense and Individual Rights Lawyers
Liberty4All Reviewed by Liberty4All on . A facially defective warrant amounts to no warrant at all. This follows up on my April 24 and 25 discussions of searches and search warrants. In 2004, the Supreme Court (1) confirmed that a facially invalid search warrant means the search was warrantless and (2) applied the same standard as would be applied where a warrant had never been sought nor obtained in the first place (in this instance, the Supreme Court invalidated the real property search conducted pursuant to this facially invalid warrant). Groh v. Ramirez, 540 U.S. 551, 563 (2004)... See Rating: 5