How to Challenge aThe Good-Faith ExceptionAfter a Home Raid
Quick Answer
To challenge a search warrant in Colorado after a home raid, your attorney first obtains the warrant, the sworn affidavit, and the return, then files a motion to suppress and for return of property under Crim. P. 41(e). The motion can attack probable cause, particularity, the way the warrant was executed, or false statements in the affidavit. If the court agrees, the evidence and its fruits are excluded unless the prosecution proves the good-faith exception applies. The sooner a defense lawyer reviews the paperwork, the more options you keep.
Officers arrive early in the morning. Someone hands you a stack of papers, and for the next several hours strangers go through your bedroom, your closets, your phone, and your files. Whether the raid involved drugs, a fraud investigation, a sex-crime allegation, or something else, the warrant is the government’s permission slip. If that permission slip was defective, the evidence officers carried out of your home may never reach a jury.
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