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  1. #1
    Join Date
    Feb 2011
    Location
    Sacramento, Ca
    Posts
    2

    Default Is a Search Warrant Valid when Referenced Attached Documents Are Missing

    My question involves criminal law for the state of: California

    When a search warrant makes reference to "attached documents", are those

    documents required to be present for the warrant to be valid?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Is a Search Warrant Valid when Referenced Attached Documents Are Missing

    The copy you get may not contain all of the attachments. Your attorney can obtain the affidavit and supporting documents through discovery.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Is a Search Warrant Valid when Referenced Attached Documents Are Missing

    Presumably the judge had the attached documents when he signed the warrant. He's the only one who need to be convinced at the time the search is executed. Whether they were there or not at any other time is immaterial. Technically, they don't even need to have the warrant in their possession at all, it just needs to have been issued.

    Your attorney can certainly discover the warrant material in it's entirety to try to challenge the justification of the warrant was improper which may invalidate any of the fruit of the search.

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