 |
| Two signs made by homeowner and placed in yard surrounded by 8 foot privacy fence. Code Compliance inspector saw signs and executed a phony search warrant. |
What is the difference between a "phony search warrant" and an "illegal search warrant?"
An illegal search warrant is a document that was obtained in a legal manner and obtained from a judge. However, some aspect of it is determined to have not met the legal requirements needed to support itself in court when challenged. That is probably a crude definition. Here is an example:
A code enforcement officer who is the designated official from their department, submits a sworn affidavit to support a search warrant to the local judge or magistrate. The purpose of the affidavit is to give the judge probable cause and if the judge agrees, they sign the warrant and it can then be executed. If the warrant is challenged on the probable cause not being sufficient and holds up in court after the warrant was executed, then the warrant is deemed to be an illegal warrant.
