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warrant procedures

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Question

Country: Canada
State: Ontario

In order for a warrant to be admissible in court does the persons name and address on the warrant have to be correct? A warrant was issued in my boyfriends name but at an address that the police believed to be his which it wasn't. Do they have to prove this is his address? They also said the warrant had to be carried out before 9pm. The people in the apartment when it happened believe it was after 9pm when they entered the dwelling and the local newspaper reported it at being at 10:30pm does that have any relevance?

Answer

The warrant must be followed correctly or the search evidence obtained can be challenged...there may be some legal issues you can use here--


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[section] 2703(a) must generally comply with the search warrant procedures contained in the Federal Rules of Criminal Procedure, particularly Rule 41.
144) Under this view, both FISA and Title III warrant procedures are illegitimate assertions of the judicial power in a permanently nonadversarial context.
The city appealed and the appeals court affirmed, finding that the city's detention of the arrestee deprived him of a significant liberty interest and that the city's warrant procedures constituted "policies" for the purposes of [section] 1983.
 
 
 
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