Legal Question in Criminal Law in California

10980 wic ebt trafficking

ONLY 1 Day search warrant obtained for 2 locations. 1st location is searched from 8 to 9 pm & 2 arrests made w/o saying you are under arrest or recitation of rights (done in transit to P.O) while keys to car & prop are taken w/o consent. 2nd location is searched from 900 pm to 11pm with no arrests. Then the 1st location is re-searched till 5 am. Is there any violation of time-frame here. Cash over 4 k is taken during 2nd search without any recording/mention in the seizure report BUT corrected upon objection. Can this be complained about and if yes to whom? Survellance prior to warrants was for an irrelevant person and till now records stay the same. Is there any civil rightr other violations here? Do the suspects who are allien residents have to worry about immigiration consequences? 1 of the investigators (probably from USDA) was consuming beer a co-defendant & also expressing sexual desires towards an employees (fired earlier for fraud and currently co-operating with DA)during the sting prior to arrests. Its on DVR in DA's possession. Are these activitis allowed or can be used against the investigator?


Asked on 1/19/08, 3:41 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: 10980 wic ebt trafficking

All evidence and witness testimony will be presented and used unless and until defendants move to suppress evidence through proper motions, and they succeed in getting a judge to rule it inadmissible. Sounds like you need counsel to do so correctly and effectively. Feel free to contact me if you get serious about doing so, if the case is in SoCal.

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Answered on 1/21/08, 3:46 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: 10980 wic ebt trafficking

On face of it, there does not appear to be time frame violation but everything depends on what the warrant says. If warrant based on surveillance of an irrelevant person perhaps there was no probable cause for the warrant and evidence can be suppressed - everything depends upon particular facts and circumstances alleged in the warrant. Complaint again investigator can be made but irrelevant to your criminal case, it seems.

Jacek W. Lentz

310.273.1361

www.lentzlawfirm.com

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Answered on 1/20/08, 9:25 pm


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