In the latest installment of the “Lawyer Online” column, Yuriy Radzievsky, an attorney and partner at Barristers LLP, explains what deficiencies in a search warrant could serve as grounds for denying investigators access.

What’s important to know?

Not all errors in the warrant justify denying investigators entry. For example, the absence of a criminal case number or the full name of the property owner will not help in practice—law enforcement officers will simply break down the door.

What deficiencies can actually be recognized as grounds for denying access?

  • The search warrant has expired (valid for no more than 1 month from the date it was issued).
  • The address of the premises where the search is authorized is incorrect.
  • The investigating judge’s signature is missing from the warrant.

However, investigators may conduct an urgent search without a warrant if it is necessary to save lives, protect property, or apprehend a criminal. The court will subsequently validate such actions.

Watch the video to learn what deficiencies in a search warrant could serve as grounds for denying investigators permission to conduct the search.




Author: Yuriy Radzievsky, Attorney and Partner at Barristers

Source: Barristers Youtube

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