4.2.20

• Jurisdiction: Arizona

§ 4.2.20 Evidence Unlawfully Seized Included in Warrant

A defendant must have standing to make the claim that evidence unlawfully obtained was included in the search warrant. This requires the defendant to have standing to challenge the search of the home or place that was the subject of the warrant, as well as standing to challenge the allegedly unlawful search that produced the evidence included in the search warrant affidavit. SeeUnited States v. Padilla, 508 U.S. 77 (1993) (a defendant charged with conspiracy...