Friday, August 12, 2011

In the state of California,if a receipt for seized items by a search warrant isnt given/received,is it illega?

I am working on a mock trial for a class project. I am a defense lawyer. There was a search warrant and at the bottom it says "You must leave a copy of this warrant and a receipt for the property taken and prepare a written inventory of the property seized and promptly return this warrant and bring the property before me as required by law." Through all the evidence and in the entire packet it doesn't mention the person i am defending receiving a receipt. My instructor says I can not use this because listed under the stipulations, it says "The form and service of the search warrant is proper and valid for the apartment entry and seizure of any illegal substances." I am trying to convince her that this is referring to the warrant, and not the warrant receipt. I am looking for any law (FOR CALIFORNIA) that may prove that the items cannot be used because of the receipt not being given out. If you have any links, tips, or would like to share your input, please let me know.

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