Legal Question in Criminal Law in Colorado

affidative for search warrant

if the affitant gave false info. on affidavit to obtain search warrant and did not put date when C S saw alleged drugs and guns in my house the first time and gives a 6 day time spand on supposed 2nd time. which would leave either 6 to 12 days when search warrant was applied for and used the following day after would this be stale info. defendant can prove that falseness on the affidavit. would they still have probable cause do to the exclusionary rule?


Asked on 12/29/07, 6:46 pm

2 Answers from Attorneys
Jason Savela The Savela Law Firm, PC

Re: affidative for search warrant

All of these things can be raised at a hearing on suppression. The more problems with the SW, the better. At the end of the day, if there was enough info in the SW affidavit to support a search without the bad info, then the court will not suppress. This is often completed by a trash search a few days before SW execution.

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Answered on 12/31/07, 2:15 pm
Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: affidative for search warrant

The way a search warrant affidavit is evaluated by a judge is they have to look at the information contained within the affidavit itself. If you can show the cop lied about certain information, the judge takes that information out of the affidavit and looks at the rest of the information to see if it rises to the level of probable cause. If you can show that all of the information in the affidavit flows from the lie or falsehood in the affidavit, then all of that information will be tossed out and you win. If I can be of any further help, please feel free to give me a call. Good luck.

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Answered on 12/31/07, 4:45 pm


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