ANSWERS: 2
  • Based on case law or statute, certain portions of an affidavit in support of a search warrant can be sealed by the judge and are not available to the public (or even the accused). The defense attorney can file a motion and request a hearing to "unseal" or disclose the information in the sealed portion. If the defense can make a showing that the affidavit contains information that is in any way exculpatory (it can assist the defense in any way - from proving innocence to lessening punishment), they are entitled to get the information in the sealed portion. If the judge orders the sealed portion to be disclosed, then the prosecution has a choice - release the information or dismiss the case. If this is you facing charges based on a sealed warrant, contact a good defense attorney (www.joedane.com for example) familiar with the procedure to unseal the search warrant affidavit.
  • Nope. Hence why it's called a "sealed warrant"

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