Legal Question in Criminal Law in Florida

I was wondering if the police were legally responsible to file a search warrant affidavit with the clerk of courts? My friend\'s house was raided and ever since he was arrested he has been trying to get a copy of the search warrant affidavit so he could see what the probable cause was for the search warrant to be granted. His lawyer told him that he wasn\'t going to ask for the document because \"he didn\'t want to get on the bad side of of the prosecutor\" and when I called the clerk of courts to get a copy, they told me the affidavit was never filed by the detective so there is no way for me or anyone else to get a copy. Is that true? And if so is it legal? Is there any other way for me to get a copy if it isn\'t filed with the clerk of courts? Thank you for your help.


Asked on 7/30/09, 6:39 pm

1 Answer from Attorneys
Don Waggoner Don Waggoner Law, P.A.

The clerk should have a copy. One is required to be filed after it is executed. Also, you need a new attorney. Any attorney that is afraid of getting on the bad side of the prosecutor isn\'t worth much.

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Answered on 7/30/09, 9:02 pm


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