Legal Question in Criminal Law in California
search warrants
My house was raided and the police stated that they had reason to believe that crack and meth was being sold. They never found evidence to support this, but they found a minute amount of heroin. They never made an arrest, but they tried to get me to snitch on someone else, and I refused. They threatened me with taking my child and jail, but I knew that they didn't have anything on me. I moved. They filed charges for felony drug possession and possession of paraphanalia on me almost a year later. I am going to court now and I am challenging the probable cause but they are protecting the snitch. The snitch info is sealed. Doesn't there have to be a buy made in order to make the snitch reliable? If a buy is made, don't they have to produce the evidence (money, drugs, etc.)? If they really had evidence to support a buy, wouldn't they have arrested someone when they raided instead of a year later? They said that they tested the small amount of heroin. It was just a little dust. If it is .1 gram or more, do they have to prove this? I don't believe that it was a usable amount, shouldn't they prove it? Do you think that the court will let a trial take place with such a little amount of evidence? Do I have the right to face my accuser?
2 Answers from Attorneys
Re: search warrants
You need a good lawyer asap.
Evidence of an attempt to buy would only be useful if you were charged with possession for sale. Since you are instead charged only with simple possession, it makes no difference that there is no evidence you wanted to sell anything.
Getting information about a confidential informant is difficult. You will probably not succeed on your own. A lawyer may not succeed either, but her chances will be much better than yours.
Good luck.
Re: search warrants
yes. no and no. Probable cause for a warrant is often based upon informant info. However, you are entitled to ask the court for the name of the informant, but that is done in Court. You should not discuss the matter any further with any law enforcement person. I highly recommend that you contact me direct through e-mail for a telephone number to set an appointment to discuss the matter. cannot give a number in this reply. e-mail is [email protected]
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