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Question: In Arizona, can a search warrant be legally served and executed even though the warrant was for a person who didn't even reside at that residence?

Answer:

Arizona Statute 13.3915 states that in order of a search warrant to be ordered 'probable cause' must be demonstrated. There would need to be 'probable cause' to show that in searching a residence (or place) the person may be found.

Arizona Statute 13.3925 states that evidence gained in a search warrant can be used even if its possession came as a result of a violation of the statutes governing search warrants if it can be shown that it was  a in 'good faith mistake' which means the officer was trying to or thought he/she was following the statutes.


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