Legal Question in Criminal Law in Pennsylvania

false search warrant

i had asked a quiestion earlier about my fiance' who is serving a 3-10 year sentence after our home was raided and they found drugs. They found the drugs under false information, the CI stated they had atleats 15 buys from our home a month before we even lived here. We had our landlord testify but since there were 3 dates we did live there he let it preceed. We toke it to trial where that couldnt be brought up and he was found guilty. Its obvious the CI was not right about the 15 prior buys so why would they believe the last 3?? Do we have good grounds to appeal this case and hopefully get everything dropped consider the false information was the only reason the warrant was issued??


Asked on 10/01/08, 10:22 pm

1 Answer from Attorneys
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: false search warrant

What couldn't be brought up at trial? It certainly could be brought up at trial that the CI said that there were 15 deals on 15 dates, and only 3 were possible.

Whether you'd be successful at appeal would depend on what's in the transcripts, but if it was a matter of credibility and the judge ruled that the CI was credible, then your chances on appeal would be small.

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Answered on 10/02/08, 8:57 am


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