Legal Question in Criminal Law in California

motion

in 2001 i completed Deferred Entry of Judgement, my home was raided again in 2004, the police mentioned this in there report. i went before the judge who signed to suppress the warrent. he justified the warrent, however, he also mention my arrest in 1999 and was one of the reasons he justifies the warrent. can i appeal his ruling or overturn his motion because he included my arrest charges supposs tobe dismissed and the arrest deem never to occurred. if so, how do i file for an appeal of overturn a motion?


Asked on 9/28/04, 9:18 pm

1 Answer from Attorneys
Arthur Khachatourians Tyler & Wilson

Re: motion

Under the case of Franks v. Delaware, the court will strike the taint from the warrant and retest it to see whether there is still sufficient probable cause as to justify the issuance of the warrant. Call me lets talk more 323-655-7180

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Answered on 9/28/04, 9:24 pm


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