OK, stupid question time. Is it illegal to misrepresent facts to obtain a search warrant? If so, what is/are the punishment(s) for doing so?
(I’d put this in context, but I don’t want to turn this into a great debate)
Sure it is. The consequences can range depending on how bad the misrepresentations were, but it could end up with the warrant being found invalid. If the warrant is invalid, any evidence discovered by its use is deemed “fruit of the poisonous tree” and is inadmissible.
If at first you don’t succeed - redefine success!
Criminal law isn’t my area, but I would say that it would qualify as perjury. IIRC, the statements that you refer to are made under oath.
Scottish Law here -
It certainly is illegal, and depending on the degree of misrepresentation will not only invalidate the warrant, but will also result in criminal prosecution.
If the person obtaining the warrant is put on oath to swear to the validity of the grounds for seeking the warrant the crime would indeed be perjury. If the person is not on oath, then the crime would be attempting to pervert the course of justice.
In Scotland the problem is that if the warrant is ex facie valid then it is almost impossible to go behind it and question the validity of the original grounds.
Don’t know what the general laws are in the US, but common sense (if that has anything to do with the law!) would suggest that the law would be broadly similar. The Justiciary do not like being used or lied to!
The Judge could also hold for contempt.