Was the search warrant valid?
Thomas was shot and injured. A friend called 911. Two officers responded to Thomas' residence, located at 3958 Balley Castle Court. While attending to Thomas the officers smelled a strong odor of marijuana inside the residence. Based upon this information, a detective with the Drug Task Force submitted an affidavit and application for a warrant to search for marijuana and drug-related documents and paraphernalia at "3958 Balley Castle Court." A magistrate granted the search warrant at 11:28 p.m., but the warrant listed the address for the search as "5365 Williams Road, Georgia, Gwinnett." The warrant did not name Thomas or any other owner or occupant. The warrant also provided that the affidavit submitted by the detective "shall not be served upon the premises—only the [search warrant] shall be served." After obtaining the search warrant the detective and the two responding officers searched Thomas' residence (3958 Balley Castle Court) early the next morning and found more than 42 pounds of marijuana.
What will be an ideal response?
NO
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