Legal Question in Criminal Law in California

search warrant violation

My finacee has been in a California prison since 1997 on a wrongful conviction. I have been working on a writ of habeas corpus for a long time. I just became aware of the part of the 4th amendment that deals with search warrants. Most of the evidence that was used against him was highly prejudicial and was not listed in the search warrant. Since this is a U.S. Constitutional violation I'm not sure of what needs to be done. The Fed. Govt. has a 1 year time limit for filing a habeas corpus, though in California there is no time limit. Will the Federal Court still do anything about a 4th amendment violation?


Asked on 4/08/06, 12:11 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: search warrant violation

Search warrants list the evidence police expect to find during a search, not the evidence that prosecutors will use at trial. The fact that evidence which wasn't listed on a warrant was used in court is a non-issue. There may be other issues related to the search, but the limited facts you have given don't reveal any.

Read more
Answered on 4/08/06, 12:53 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: search warrant violation

He's guilty. And you need counseling.

Read more
Answered on 4/08/06, 2:50 am


Related Questions & Answers

More Criminal Law questions and answers in California