Legal Question in Criminal Law in California
If u were arrested for possesion of a controlled substance but it was found to be an illegal search and sesure can they still use that against u
4 Answers from Attorneys
What does it men "still use it against u?". In a recipe? Help us help you, explain your question so that someone who knows nothing about your case can get enough info to answer.
Your question is more complicated than you give it credit for. First, what do you mean by it was found to be illegal? Did a judge make a ruling that the search was illegal? Was it just a determination by the law enforcement agency? Are you just hoping it was illegal?
Second, what do you mean use against you? At trial? At a probation or parole hearing? In a civil law suit?
Far more information is needed before an attempt can be made to answer this.
A judge makes a determination that a search and seizure was unlawful during a motion to suppress. If successful, the evidence is suppressed, meaning the prosecutor cannot use it as evidence.
Related Questions & Answers
-
How hard would it be to get my sons misdemeanor charge of 11375 possession of... Asked 2/13/12, 7:13 pm in United States California Criminal Law