Legal Question in Criminal Law in California

Re: Search Warrant Affidavit

Sounds like there are problems with the declaration underlying the warrant and you might have grounds for invalidating it. I hope you have a good lawyer who is knowledgeable and dedicated enough in fighting for every detail and leaving no stone unturned in vigorously investigating and arguing your case. Good luck.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Search Warrant Affidavit

I have never used the two cases your referring to. However your real question is regarding the information that was used in order to obtain either a search & seizure warrant or an arrest warrant. The most important thing to always remember is that a Judge can decide anything the way he or she wants to. It is their court room and therefore it is the Judge's bat and ball and when they want to stop playing they take the bat and ball and it is based on their decision. In a Police report the term "they" can be used to describe two or more officers doing different things, although I have not read the report or document you are referring to using the word they instead of a singular form of the word would be something that I would consider when reading the other reports and witness statements. It could lead to something, but what would have to be determine by more evidence. However, the house's location could be something to use in a motion to suppress. IF the address is wrong or if the house is described inaccurately there could be something to use. If the address is wrong and the person who stated in the affidavit for the warrant a wrong address or wrong location it is worth taking a look at. It really depends on the how the address was originally determined. It could be used in an argument for suppression of evidence, however that alone may not be enough. If the address information and the description of the house do not match the location and there is an address and location which do match I would certainly use that information in a motion to suppress. However you must also remember there is a thing called "inevitable discovery" and if it is determined the evidence collected or being used would have been discovered anyway you may make a successful argument and still be unable to keep out the evidence. There are a lot of factors to consider when bringing a motion to suppress and it is not as cut and dry or simple as this means that and the evidence is out. You need a lot more information before any attorney would really consider offering an opinion about the situation.