Tough Legal Question

D

Dead

New member
Ok, here is a toughy I think...

Would it be possible to have a Search Warrant thrown out if per-say your home is technically located with-in (2) two towns, and can have either town listed on mail sent to you (While using the same street address, zip code)???? So if the warrant had town X on it, but you argued that you lived in town Y, I have mail that is addressed to me, witht the same address, except the town name is different.

I think this would be a rather interesting case????

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-AoW[t]-Dead [Black Ops]
 
IMO, very, very doubtful.

Your street address alone will determine the location for which the search warrant will be served.

The peculiarities of the postal service would have no bearing on the warrant. IMO.

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Let's say a magistrate in one town issued a warrant to search the home, and an out-building such as a detached garage which was across the border of the town. Different jurisdiction, I say.

Rick
 
I know of a couple of situations like this, where a house crossed jurisdictional lines...

I THINK what is normally done is that the jurisdiction with the TAX claim to the property issues the warrant.

As for legal repercussions, I'm just not certain what they might be.

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Beware the man with the S&W .357 Mag.
Chances are he knows how to use it.
 
What is funny about this post is that this happened in GA/FL. This drug dealer bought a house that was on the boarder of the two States. One side GA, the other, FL. What they did (the States) was to coordinate a search warrent between both States. One State searched one side, the other, the other side. The only thing that went to court was not the drug dealer complaining about who had jurisdiction but the States, who was going to get the house and land. I don't know if they ever decided but the house "burned" down about three months later.

USP45usp
 
That is pretty funny!!! Wonder how they would seize something that was half on one side of the boarder and half on the otherside... Cut it in half???

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-AoW[t]-Dead [Black Ops]
 
Mailing address has no bearing on the warrant. we have many houses with a mailing address of one town while its actually in another township. My own residence falls under this.
A warrant is issued by political township lines. A residence within a village within a township within a county within a state within the country could have a legal warrant issued against the residence by any of the judges presiding over that area.
 
Search warrants in Florida (unless Federal Jurisdiction is involved) are issued by either a county court judge or a circuit court judge. Circuit judges have authority to issue a warrant for the search of property within the circuit to which they are assigned whereas the county judges have jurisdiction anywhere within the county. If you live in more than one judicial circuit I would think you would have to have a judge from each circuit issue the warrant. If you lived in more than one county a county judge from each county would need to issue a warrant.

In that this is general I would suggest you seek the advice of a competent criminal defense attorney in your area as state law in your area may contain some exceptions.
 
There used to a guy who had a house that straddled the Arkansas-Oklahoma line. He sold booze on (he claimed) the Arkansas side to us Okies.
 
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