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Ruling: Search warrant with wrong address can still be valid

Posted at 10:30 PM, Oct 26, 2018
and last updated 2018-10-27 01:30:59-04

An Arizona Court of Appeals ruling says a search warrant with an incorrect address for a home can still be valid if it otherwise specifically identifies the place to be searched.

The state Court of Appeals ruled Thursday on an appeal in which a Cochise County man convicted of drug-related offenses tried to overturn a search warrant with an incorrect address.
The ruling said Fourth Amendment privacy protections require that warrants specifically describe places to be search but an incorrect address is outweighed by details such as the home's color, types of fences, vehicle details and the presence of waiting law enforcement officers.
The case now goes back to trial court to consider factual circumstances related to whether sheriff's personnel could enter the property despite a "no trespassing" sign.