Legal Question in Criminal Law in California
Supression of evidence
A search warrant is served with the name of a person who does not reside at the address on warrant. The person named in warrant is arrested outside of home. While the police search for items they find 2 locked brief cases, all persons under arrest tell polic that the cases are not the property of anyone there. Police break open briefcases anyway. Find incriminating items. The warrant is issued on the sworen affidated of a reliable informant, the locked brief cases BELONG to the informant. HELP!!!!!
3 Answers from Attorneys
Re: Supression of evidence
Your posting raises a number of serious search and seizure issues. Depending how serious the charges are, which I assume are very serious, I would reccomend that you contact an attorney right a way. If you cannot afford one, wait until a public defender is assigned.
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Re: Supression of evidence
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Re: Supression of evidence
I've read the other opinions and only intend to suppliment them.
An attorney will be needed to assist in defending this case. Also there will have to be some investigation so some money will be needed there. Assuming that there is evidence in the brief case as to the true owner, like finger prints, etc, and other witnesses can be found to testify as to the ownership of the briefcase. The more evidence presented the better. An objection to the evidence by bringing a motion may be set at an early stage of the case to suppress the evidence in the brief case.
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