tag:blogger.com,1999:blog-21633793.post3307641037853456309..comments2023-12-12T03:19:42.467-05:00Comments on CYB3RCRIM3: Motion to Quash Search WarrantSusan Brennerhttp://www.blogger.com/profile/17575138839291052258noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-21633793.post-46007664281281244352009-02-17T08:25:00.000-05:002009-02-17T08:25:00.000-05:00I actually agree with you about the role of a moti...I actually agree with you about the role of a motion to quash a search warrant in protecting privacy. If the motion succeeds, it means the government never gets to the evidence and so avoids the need to file a motion to suppress.<BR/><BR/>That, as I've noted in earlier posts, is how someone challenges the legality of a search and seizure once a warrant has been executed. If the motion to suppress succeeds (if the judge finds that the search and seizure were unlawful because, say, the warrant was bad or the officers exceeded the scope of the warrant), then the judge suppresses the evidence, which means it can't be ued against the person.Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-69976007016631038322009-02-16T23:33:00.001-05:002009-02-16T23:33:00.001-05:00I believe a prospective motion to quash the warran...I believe a prospective motion to quash the warrant is really important. The original goal of the 4th amendment is not just protection from unlawful criminal investigation but also privacy. If there is no prospective motion to quash, and therefore all that the subject of the search can do is to supress the searched and seized items from being used in a criminal trial against him or her, there is no way for the 4th amendment to serve its goal. Finally, aside from a prospective motion to quaush, EVEN AFTER a search warrant has been executed, the subject of the search should be guaranteed the right to challenge the validity of the warrant regardless whether he or she will be subjected to any criminal process. Whether the criminal process takes place or not should not have any bearing on his right to privacy. Please let me know if you respond to this comment. kspark1@hanmail.netAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-36208071737814562532009-02-16T23:33:00.000-05:002009-02-16T23:33:00.000-05:00I believe a prospective motion to quash the warran...I believe a prospective motion to quash the warrant is really important. The original goal of the 4th amendment is not just protection from unlawful criminal investigation but also privacy. If there is no prospective motion to quash, and therefore all that the subject of the search can do is to supress the searched and seized items from being used in a criminal trial against him or her, there is no way for the 4th amendment to serve its goal. Finally, aside from a prospective motion to quaush, EVEN AFTER a search warrant has been executed, the subject of the search should be guaranteed the right to challenge the validity of the warrant regardless whether he or she will be subjected to any criminal process. Whether the criminal process takes place or not should not have any bearing on his right to privacy. Please let me know if you respond to this comment. kspark1@hanmail.netAnonymousnoreply@blogger.com