Legal Question in Criminal Law in California

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.

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.

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

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.