S
Simon
Guest
- Jurisdiction
- California
Does it invalidate a search warrant if a judge signs a warrant before the affiant signs the affidavit and where can i find the governing statues
adjusterjack
Super Moderator
No.
The affidavit may be made orally under oath under a variety of circumstances. So, a signed affidavit is not an absolute necessity prior to the judge signing the warrant.
California Penal Code 1526 specifically addresses the oral affidavit.
CA Codes (pen:1523-1542.5)
Misterluckee
New Member
Yes this is true however there wasnt anything done orally at least nothing filed . The warrant was sealed
Misterluckee
New Member
The da signed it at 230 and the cop at 403 but the search warrant was signed by the judge at 400. Wouldnt that show he is no longer impartial because he doesnt even question the cop at all just signs whatevver is infront of him
Misterluckee
New Member
Im sorry wasnt sealed
adjusterjack
Super Moderator
So?
None of that matters as long as the search was conducted after the the judge signed the warrant.
No.
All the judge needs to see in the affidavit is that there is probable cause. If he got the DA's affidavit first and he's satisfied as to probable cause he doesn't need to question the DA or the officer.
What happened to you and why are you raising these questions now? Did the search turn up something that got you convicted? The affidavit should have been addressed at a probable cause hearing. If you've already been convicted I would think it's too late to be asking about the validity of the affidavit now.
Misterluckee
New Member
There was only one affidavit and i dont know why the da signed it
Misterluckee
New Member
Trail is early august
Misterluckee
New Member
We never had a probable cause hearing we got denied a franks hearing the warrant ws for a friend of my gf who ws staying in the detached garage of her place. And the officer lied on the affidavit also said that 10 days prior someone came to them with info about him and they did a controled bye in a public place and followed him back to her pad. Then on a couple of occassions saw him coming and going a couple of times showing he had dominion over the pad. But the day before it was signed he just got back into town from out of state having been gone for 2 weeks . Now they shouldnt have enough to get a warrant for the resodence
Misterluckee
New Member
Not to mention they got him in the garage long before they ever came to the house. They barely tapped on the door didnt announce themselves and when we came out to see what was going on they were on the stairs pulled their guns and yelled get down . I responded with show me some proof that ur cops then they pulled their badges put of their shirts and then i got down. They searched her room and even my overnight bag and cigarette pack. Now once he was in custody did they have a right to search my personal items without consent. But there still wasnt a reason for the warrant to include the house they never pulled anyone over, they didnt make a buy out of there , what can i do. I even had a preconviction appeal for the franks motion after i found out they dont like preconviction appeals they like to let the lower court work it out.
Misterluckee
New Member
But anyways they found 5 grams in my cigarette pack on the bed i claimed it but this is the kicker they are charging both me and her with sales. The 5 grams was in one bag. But 5 grams isnt that much. And this has been going on for 2 and a half almost 3 years now and they only came with 1 offer of a year each. I have no priors for sales. No prison priors at all. But during this time i have had 2 kids with her and my main concern is that we both cant do time. But even if only one does it would be traumatizing for the girls and they wouldnt understand where the other one went
army judge
Super Moderator
The lesson here is don't use, transport, manufacture, or even touch any illicit substances.
I suggest you work with your lawyer.
If you believe your lawyer isn't protecting your rights, fire him or her.
All you need to do is write the lawyer and the court a letter indicating you wish to fire your lawyer.
If the lawyer has been appointed by the court, the court will inquire and appoint you a new lawyer.
That will delay the trial, and hopefully you'll receive counsel better suited to your personality and needs.
adjusterjack
Super Moderator
5 grams of what? For marijuana that shouldn't be enough for "sales" but it could still get you up to a year in stir.
You both occupied the premises, you are both "in possession."
In all that time if your lawyer hasn't been able to successfully challenge the warrant to get the evidence excluded, it isn't going to happen, no matter how much you analyze it.
You made new babies with someone while you were both under the cloud of criminal prosecution? Yikes. That was stupid and irresponsible.
Should have thought about that a long time ago, before you chose to do drugs and before you chose to have babies.
Misterluckee
New Member
Adjusterjack you sure werent very helpful. Point taken but since then my life has turned around 180° and with prop 47 it shouldnt be sales no matter what it was. But thanks for the pep talk i think u need an adjustment. I thought this for was for help not for dumbasses to point out the obvious. But just incase someone out there feels like helping it has been so long because geting her lawyer and mine to show on the same day has been close to impossible. And as far as questioning the warrant the judge wasnt having it and didnt even mention any of the reasons we brought up in the denial
adjusterjack
Super Moderator
If the judge found the warrant to be valid on its face and the search to be legal, he has no obligation to address any of the defendant's reasons.
All you can do is go to trial and if you are convicted, file an appeal and see what another judge has to say about the warrant and the search.
