Legal Question in Criminal Law in California

drugs & gun

my house was recently raided, the

warrent was for a man with my first

name & my girls last name. the man

they wher looking for was a armed

burglry suspect. after i was pulled out

they said they noticed a meth pipe on

the table, after that they totaly

ransaked the place and found bunch of

meth and a loaded hand gun that was

in a safe locked. they had no warrent

wth my name or my girls name. i was

totaly done wrong & feel they are

totaly violating my rights, now im on

trial. shouldnt all the charges on me

be thrown out based on the fact they

wher looking for some one that

neithere me or my girl know?


Asked on 5/23/07, 3:20 am

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: drugs & gun

You were done wrong? They violated your Constitutional right to keep a "bunch" of meth and a loaded gun? Yeah, if you were to hire me (or some other lawyer) to file a motion to suppress the evidence, I suppose I could make that argument with a straight face once your check clears. But don't get your hopes up.

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Answered on 5/23/07, 4:14 am
Terry A. Nelson Nelson & Lawless

Re: drugs & gun

Well, when you hire competent counsel to defend the charges, he can make the appropriate suppression motions based on your allegations and the facts and documents. Will they 'throw it out'? Hell no, not without your attorney doing his job. Feel free to contact me if serious about doing this right.

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Answered on 5/23/07, 1:36 pm
Daniel J. Mangan III JuryTrialJustice

Re: drugs & gun

Complex issues on the warrant and the scope of the search. Errors in the affidavit could mean the warrant is quashed but that may not get the evidence suppressed "if" the police acted in good faith reliance on the warrant...hard to tell from the info provided.

DJM

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Answered on 5/23/07, 1:58 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: drugs & gun

There is a good-faith exception to the exclusionary rule. If the mistake that led the court to issue the warrant was an innocent one, chances are that the evidence the police seized will be admissible against you. You need to discuss the specifics with your defense lawyer. If you don't have one yet, start looking now.

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Answered on 5/23/07, 4:54 pm


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