My friend was arrested w. drug charges based on a search of his person and bag that was done because the police claim they saw a marijuana leaf on his cap. We have an attorney hired to file a pre-trial motion to suppress evidence because we believe the search to be illegal. That is not my question. My QUESTION: In the initial Affidavit is says that Policeman A saw the marijuana leaf however at the preliminary hearing Detective B took the stand and said he saw the marijuana leaf. My question 1) Is the police allowed to switch like that (one person in the affidavit, another at the preliminary hearing)? 2) How big a deal is it? Our Attorney do not seem to think it is a big deal because it was only at the preliminary hearing. That has my friend concerned about our attorney's intentions. While I tend to believe our attorney isn't concerned because we already have a much stronger case to suppress evidence based on the initial search grounds. I would therefore like a second opinion. Is the fact that one policeman was listed in the affidavit and another took the stand at preliminary hearing a big deal?
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Drug Crimes, Substance Abuse Different police in Affidavit & at prelim hearing
- Thread Starter Snowflake
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CdwJava
Moderator
That depends on state law on the issue. Was this officer switch or discrepency brought up at the hearing?
Also, if in California (and perhaps other states) an officer is allowed to testify as to hearsay at a preliminary hearing. So, if I spoke to another officer about the affidavit he wrote I could conceivably testify as to what that officer told me about his information in support of a search warrant should such testimony be necessary.
- Carl
Also, if in California (and perhaps other states) an officer is allowed to testify as to hearsay at a preliminary hearing. So, if I spoke to another officer about the affidavit he wrote I could conceivably testify as to what that officer told me about his information in support of a search warrant should such testimony be necessary.
- Carl
CdwJava
Moderator
If your attorney did not jump up and down, it is likely that this is not an issue at a prelim ... it might be at trial.
You might want to direct this inquiry towards your attorney, however. It is always possible he overlooked it. While it might be too late now, it might be of use at trial if such hearsay evidence is not permitted at a prelim. Assuming, of course, there is no other rational explanation for the discrepancy.
- Carl
You might want to direct this inquiry towards your attorney, however. It is always possible he overlooked it. While it might be too late now, it might be of use at trial if such hearsay evidence is not permitted at a prelim. Assuming, of course, there is no other rational explanation for the discrepancy.
- Carl
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