Wrong Name on the Warrant -- and No Jimmy Smits in Sight

Question

Is it right for the cops to knock down my door and come in and search my house with a search warrant with someone else's name on it? Can you send me some laws pertaining to search and seizure and search warrants for the state of Georgia?

Answer 1

The only time I'd let the cops in my house to search without triple checking the warrant first would be if the person holding the warrant was that handsome Jimmy Smits. I was so sorry to see him leave the squad; no one looked better in a raincoat. 

But he pretty much stayed in New York -- and you're down in Georgia. You should know that although the warrant had the wrong name on it, the warrant and search connected to it will usually be upheld as valid if the police obtaining the warrant had probable cause to believe that the objects listed were on the premises noted in the warrant. 

If you are sharing living space with others, the warrant can't be used to break into your specific living space unless that is specified. Rather, a warrant for the general address will only be valid for the common areas, plus the living area of the individual named in the warrant.

You can find the Georgia statutes by using your own computing machine. They are at: http://www.ganet.org/services/ocode/ocgsearch.htm.

As a general rule, search and seizure is regulated by the courts, since it is a constitutional issue. Your best research approach is to find a Georgia case -- preferably one decided by the Georgia Supreme Court -- that deals with the same facts as your situation. To do that, use Versuslaw [http://www.versuslaw.com] to do a key word search of the Georgia cases that have dealt with search and seizure. Versuslaw costs $6.95 a month for a subscription. Versuslaw has a nice help file. Also, Nolo's Legal Research: How to Find and Understand the Law will take you through a Versuslaw search screen by screen.