A case that can invalidate a search warrant.

January 26th, 2006 Rob Leonard Posted in Search & Seizure, Case Law Updates |

Battle v. State, 275 Ga.App. 301, 620 S.E.2d 506 (August 31, 2005).     Everyone knows that the police must leave a copy of the search warrant at a house where the warrant is being executed.  Well, sometimes there is not enough information in the warrant itself to satisfy the particularity requirements, rendering it void on its face.  In those cases where the warrant makes reference to the affidavit from the officer and the warrant itself does not meet the particularity requirements, then the police must also leave a copy of the affidavit.  Failure to do so will invalidate the warrant and lead to suppression of the evidence. 


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2 Responses to “A case that can invalidate a search warrant.”

  1. John Says:
    February 26th, 2006 at 6:55 pm

    I have that very issue right now. The police did not leave a copy of the affidavit’s exhibit that detailed the controlled buy the police had made. They left only the search warrant and affidavit. The description of the apartment is ambiguous, since two different apartment numbers are used. Thus, reference to the affidavit’s exhibit would be necessary.

    But how do you prove it, other than putting the defendant’s girlfriend on the stand to say that no one left the affidavit exhibit behind? I’m sure the officer will say he left everything behind that he was required to leave.

  2. Rob Leonard Says:
    February 28th, 2006 at 10:00 pm

    I think you are exactly right. You will have to put up the girlfriend if the officer lies. However, I think I would try to head him off at the pass and I would get the copy that was left and attach it as Exhibit A to your motion. Use the actual one that was left and not a copy. Attach her affidavit as Exhibit B and file it in with motion as well. Once those are already in the record, I think he is less likely to lie about it. The other thing to do is to get other warrants from other lawyers or your own clients to try to establish a pattern. I.E. they always just leave the warrant itself and not the affidavit or exhibit thereto.

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