Expert: Robin Sexton - 8/31/2009

Question
QUESTION:    A seach warrant was issued to my home address looking for controlled Substance, to wit: Marijuana growing. `A Judge did int. the request, But no name under where he signed it(int. it) and no Prosecuting Attorney signed it. There reason for the warrant was a P.O. or police opertive is the name they used for the warrant, The  detective work done with a request for the warrant was my outside biulding had painted windows and damage done on the windows should one window to have a board also behind the window, also locks on the outside buildings. After 8 officers and 6 hours of going through everything I own the question was asked if I had somebody who didn't like me. There was nothing found, I have lived here 26 years in the same house and am a single parent raising two children(14 & 17) and have worked for 29 straight years and the last 14 years as a manager. My question is what is needed to get a seach warrant, and is there any recourse to the state. Can I request to the court who's name is on the warrant, and is there any damage rewards to case's like this. I have two nieghbors that  haven't talked to me since. Thank you, David      Washington State, I also live in Pierce County and it was Kipsap County that issued the seach warrant.

ANSWER: David,

Sorry about what happen.  Search warrants are based on sufficient probable cause.  Which in truth is not very much proof.  In your case it appears that an informant provided the information.  Use of informants is necessary in police work but hardly with out any problems or draw backs.  The fact that there is no prosecutor signature is not unusual. In most states it is not required, they review for structure only normally. In most states there should've been a judge or magistrates signature.  There may be an exception in your state, such as for a telephonically approved warrant.
For any damage done you should prepare a bill and send it to the Department involved.  Most agencies will pay reasonable costs, especially since they did not find what they were searching for.  Make sure the costs are reasonable.  Finally you could be the victim of some sort of vindictive behavior.  your only recourse is to contact an attorney and review the case facts with your applicable laws to see if you have a civil action you can file on the confidential source or the agency.

Hope this helps

robin

---------- FOLLOW-UP ----------

QUESTION:      Robin, first I would like to thank you. My next question is, Why would Kitsap County come to my house. I live in Pierce County, Thanks David

Answer
David,

Jurisdictions get a little murky especially in some states.  Normally there is a component of the jurisdiction in that venue that accompanies the other agency but not always.  Some states allow cross border authority.  The authority will be contained with in the state statutes.  Sorry i can't be more specific.

good luck

robin