Legal Question in Criminal Law in California

evidence

my boyfriends house was raided. the affidavit that the police prepared to initiate the search gave the reason of there being stolen property inside the house. it turns out that when his really good friend brought over a cannondale bike (saying it was his)he had actually just taking it from the motel up the street. he asked my boyfriend if he could keep it there because he was in between places to live and wanted it to be safe. there were 2 others there when his friend brought the bike into the house and they both heard him say this. then he brought over a few more things over a period of time and said the same thing. my boyfriend didn't know anything was stolen and thought he was doing his friend a favor. his friend was an informant (a rat) for the police the whole time because he was facing some prison time and was told by the police that if he helped them they would help him. the reason behind his house being raided began with that bike. can informants steal something and leave it at someone's house then tell the police that there is stolen property inside. i bet he didn't tell the cops he had just stolen it.


Asked on 2/04/05, 4:11 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: evidence

Can informants do this? Yes, but not legally. The informant has commited new crimes and has set your boyfriend up to take the proverbial fall for him.

If your boyfriend is charged he will need the testimony of his friends who heard the informant's explanation. This case may end up being a contest of credibility between your boyfriend and the informant, and the testimony of those two friends will be very important to his defense.

Whatever your boyfriend does, he should *not* discuss these facts with anyone except attorneys who he might want to hire. He might end up saying something which would make the case against him seem stronger rather than weaker. When and if he is charged, he will need a lawyer. This is not the type of problem he should try to resolve on his own.

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Answered on 2/04/05, 4:23 pm
Elena Condes LAW OFFFICE OF ELENA CONDES

Re: evidence

The information you mentioned would likely be used to attack the basis for the search. If the search was illegal, any evidence gained from the illegal activity of the government could not be used in the case.

Feel free to call if you have any additional questions.

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Answered on 2/04/05, 6:00 pm


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