Legal Question in Constitutional Law in Utah

Warrant and Affidavit

In a criminal case of MIP charge in a private dwelling, a search was made 1hour 30 min prior to warrant. No anounce and officers were on the grounds for 45 minutes before knocking, including the back yard and car-port, looking into cars and photographing (A four-plex) neighbor will testify. FBI said that this is curtilage and a greater expectation of privacy.

After several hours and after searching, a telephonic affidavit took place and a warrant. Discovery has been asked for, prosecuting attorney will not provide copy of affidavit or warrant.

In the end of December 2006, I went to the district court. The court clerks showed me the file, they looked for 45 minutes and said that there was not or ever had been a warrant or affidavit filed, with the case or people involved. The judge who supposedly issued it is a 1st district judge, Judge Jones. I am told that I can not talk to the Judge.

Also the citation when finally provided by the prosecuting attorney had been altered from the original signed and dated citation.

All citations were taken from the minors except one who threw theirs behind the couch and officer's did not find it. Original is still possessed. Minors were all arrested and taken to jail.


Asked on 2/07/07, 10:24 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Warrant and Affidavit

The purpose of this BB is to discuss general legal issues. Your facts require the examination by an attorney of all of the facts. There may be serious issue in your facts that should be carefully reviewed by the defendant's attorney.

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Answered on 2/08/07, 11:02 am


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