Expert: Robin Sexton - 5/16/2008

Question
To obtain a warrant does there have to be a definite charge? (Maybe not convicted at trial or found guilty). And also if the first warrant is illegal does that suppress evidence obtained in the search?

Answer
Tiffany,


I am not sure what type of warrant you are referring to.  The two most common are search and arrest warrants.  Both require a finding of probable cause by a magistrate.  The standard of probable cause is a great deal less then the standard for conviction which is beyond a reasonable doubt.  Illegal warrants are rare because of the steps that need to be gone through.  Current case law in most jurisdictions would not suppress evidence found by police if they went through the process of obtaining a search warrant and it was latter found defective.  Obviously there are some exceptions.
If this does not answer your questions, and i don't think i did. Please rephrase, be more specific and ask again.


Good Luck

Robin