Skyedancer
New Member
I am helping a friend who believes the search and seizure carried out at his brothers house ( erroneously believed to be his as well). To begin with he doesnt even live on the premises and the confiscated items were his brothers and the brother is willing to testify to this fact ( the brother is already serving time for the charges from this search and seizure.
Anyway ...the basis for "probable cause" was the fact ( again erroneous) that his brother was on probation but had in fact finished the probation a few weeks prior ro the search. Obviously the information was obtained quite a bit prior to the actual search ...
Is there a time limit here on how recent the obtained information used for the basis of the "probable cause" ?
I will add that there was the sworn testimony of an undisclosed snitch and as well there was incriminating evidence to support his testimony ... found in the residence ( his brothers) In trying to research this situation I read somewhere that if there is enough supporting evidence to support the alleged crime ... that the illegal search can be over looked to protect the public ... Does anyone know if this is true ?
Another issue i want to bring up was the fact that when his brothers Mother asked the police to produce a search warrant they stated " We dont have to have a warrant" and when she complained she stated an officer went out to his patrol car and hand wrote out the 4 page warrant that ?? had a judges signature on it ?? and was not stamped or filed. ( Is this usual protocol/ due process ? ) At a later date when he went to court house to get a copy of the warrant He was given this time a 3 page warrant that was typed and was missing the page with a judges signature on it and as well the judges signature on that warrant recieved at time of the search did not appear to match another document with the same judges signature.
I would appreciate any and all comments from legal persons as well as personal experiences of any others. Having no experience in drug charges I know little of the guidelines/ governing laws and/or the due process in their attempts to gain evidenceI am not sure of the exact nature of the due process related to search and seizures in a case like this or if these types of discrepencies/errors can be considered a basis of fighting the legality of the search ... or are we wasting time and energy ... ?
In case you are wondering why a lawyer isnt answering these questions for him... he was appointed an alternate public defender whom he does not feel is defending him in a proper manner and wont even consult with him over his concerns so he is transfering to a personal attorney as quickly as funds will permit.
Thank you in advance for any input ...
Peace out... Skyedancer
~ Stand for something or you'll fall for anything ~
Anyway ...the basis for "probable cause" was the fact ( again erroneous) that his brother was on probation but had in fact finished the probation a few weeks prior ro the search. Obviously the information was obtained quite a bit prior to the actual search ...
Is there a time limit here on how recent the obtained information used for the basis of the "probable cause" ?
I will add that there was the sworn testimony of an undisclosed snitch and as well there was incriminating evidence to support his testimony ... found in the residence ( his brothers) In trying to research this situation I read somewhere that if there is enough supporting evidence to support the alleged crime ... that the illegal search can be over looked to protect the public ... Does anyone know if this is true ?
Another issue i want to bring up was the fact that when his brothers Mother asked the police to produce a search warrant they stated " We dont have to have a warrant" and when she complained she stated an officer went out to his patrol car and hand wrote out the 4 page warrant that ?? had a judges signature on it ?? and was not stamped or filed. ( Is this usual protocol/ due process ? ) At a later date when he went to court house to get a copy of the warrant He was given this time a 3 page warrant that was typed and was missing the page with a judges signature on it and as well the judges signature on that warrant recieved at time of the search did not appear to match another document with the same judges signature.
I would appreciate any and all comments from legal persons as well as personal experiences of any others. Having no experience in drug charges I know little of the guidelines/ governing laws and/or the due process in their attempts to gain evidenceI am not sure of the exact nature of the due process related to search and seizures in a case like this or if these types of discrepencies/errors can be considered a basis of fighting the legality of the search ... or are we wasting time and energy ... ?
In case you are wondering why a lawyer isnt answering these questions for him... he was appointed an alternate public defender whom he does not feel is defending him in a proper manner and wont even consult with him over his concerns so he is transfering to a personal attorney as quickly as funds will permit.
Thank you in advance for any input ...
Peace out... Skyedancer
~ Stand for something or you'll fall for anything ~
