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?
2 Answers from Attorneys
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.
Re: search warrant violation
He's guilty. And you need counseling.
Related Questions & Answers
-
Co signer If an uninsured driver has an accident in a vehicle that has a co-signer... Asked 4/05/06, 11:29 pm in United States California Criminal Law
-
Confusion on Expungement In 1992 I was convicted of 424pc embezzlement a felony. I... Asked 4/05/06, 10:07 pm in United States California Criminal Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
