Can The Police Use Lies In A Search Warrant?

by Joseph Patituce on February 7, 2013

Many of our clients come to us at first feeling hopeless about their situation: either they have had an attorney that does not care, or does not know how to fight a search warrant that contains lies or misrepresentations in it.  They often ask “What can we do? It’s our word against the police!”

There are many different types of lies or misrepresentations in search warrants.  Some of these can be rather minor such as a typographical error, others can be absolutely major.  For instance we recently had ALL evidence from the search of a client’s home suppressed.  The police officers had found a significant amount of methamphetamine AND a full, functioning, meth lab on the property.

How does this happen?  Well we start with a complete review of the facts of the case, the search warrant, and attack from there.

In the case mentioned above, State v. Lauren Jones out of Cuyahoga County, the search warrant had information from a confidential reliable informant that a black woman in Cleveland was selling meth.  That’s it. No information about where this person lived or how they knew.  After that a number of people said someone, who were not our client, were doing the same thing.  With few other details in the warrant we were able to have it suppressed.  The case is now pending on appeal.

If you would like to learn more about how we can help you defeat lies and misrepresentation in a search warrant give us a call at (440) 471-7784.  Ask to speak to me, Joseph Patituce, I am a Criminal Lawyer in Cleveland.  The call is confidential and without any obligation

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