Monday, August 4, 2014

I have severel question reguarding my Arizona state criminal case. I want to know if a search warrant is still legal if the address is incor...

Question

I have severel question reguarding my Arizona state criminal case. I want to know if a search warrant is still legal if the address is incorrect? but there is a picture of the house. Also my last felony conviction was in 2004 can they charge me with historical priors if i was in prison from that time until 2009? And also a urine test was taken at the house where the search warrant was issued, but it was never covered and was moved from one location to another and left uncovered for atleast a hour or more. will they be able to legally use that against me?



Answer

The error in the warrant would likely be incosequential under the 'good faith doctrine' set forth in United States v. Leon. As to your priors, they are good for a minimum of 5 years, but any time spent in prison is excluded from the calculation so they are likely valid.



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