Legal Question in Criminal Law in California

Search Affidavit

After reading some of the questions I decided to explain a little better. The Affiant receives information from a CRI (proven as always), how does the affiant receive this info or come to have this knowledge? Its never stated. The Affiant then states he found 3 prior arrest of the person of subject, however fails to inform the court that these 3 arrest had nothing to do with what the inform. was nor could he find anything to support what was being said. Then the Affiant lies about seeing something he could not possibly see, states the CRI did a controlled by under surveillance (remember this) and then states that ''they'' said they purchased the drug from the subject. who are they? There is only 1 informant? In addition the Affiant describes the location to be searched as the second house (2nd garage) south of....on....street with the numbers painted on the curb that are not there or anywhere....and the house searched was the first house(first garage) south of ...on....street with the address of the numbers the Affiant stated to have seen on the curb...which are not anywhere on the property or on the second house. Surely this is a great reason for a motion to suppress without the good faith exception?


Asked on 10/18/08, 8:37 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Search Affidavit

If you're looking for a magic potion or incantation, or someone with a magic wand to wave, that will make all your troubles disappear, you're going to be sadly disappointed in the search.

Sure, if you've got admissible evidence of facts that would disprove the credibility of the warrant and/or search, make your appropriate motion[s] to suppress and try to convince the judge. If you're asking whether someone thinks the motion will succeed, why do you care? It's the judge's opinion that counts. You have nothing to lose by making the motion[s]; there is no penalty for losing the motion. That's why it's done. If you don't know how, then you need to hire counsel that does. If you qualify for the public defender, apply. If the case is in SoCal courts, feel free to contact me if serious about getting the legal help you'll need.

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Answered on 10/18/08, 9:00 pm


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