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confidential informant

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S

snidly

Guest
my house was raided and i was arrested because a police informant told on me. the police report says the informant has no prior criminal history,he does.he has numerous drug and fraud charges,as well as many others. didnt the police lie to the judge so they could get a search warrent? me and my girlfriend were arrested for an unregistered firearm and possession of a controlled substance in ca.
 


V

Vincent Cosent

Guest
Maybe they lied

Could he be an undercover officer that lied to you?
Could the police have used any other evidence to get a warrant?
I understand where you want to go with this and yes if you could definetly prove to a court that the police had no probable cause
to suspect you of a crime or lied to the court to get a warrant
it could be possible to get the evidence denied and the police to release you. You would need a very good lawyer and all the facts to be just right and of course plenty of money but it can be done.
 
S

snidly

Guest
informant

the informant is listed in the report as providing information in consideration for a pending criminal case. my girlfriends x was in jail with him for 6 months. the police say he was searched, given $,observed walking to my house and comming out with meth. i saw him walk up,he gave me $ that he owed me for almost 2 months,then asked me to borrow a pipe he smoked then left.i saw him get into a car around the corner.
 
M

Mikedani

Guest
The burden of proof is going to be on your attorney to prove that the officer (not the informant) knew and purposely put false information in the Warrant.
 
H

Humble Warrior

Guest
The statement has to be officially sworn and signed. If there is ONE word of it that is false,the statement and warrent are voided.
The person doing the signing is now liable for false swearing and/or statement to an official,false filing of documents,perjury under oathe.
And probably more that I cant think of right now.
 
S

snidly

Guest
informant

on the searchwarrent the police stated that "the informant has no prior criminal history,but he does have one case currently pending". i recieved a copy of their informants criminal history and he has 18 felonys and 16 misdemeanors ranging from drugs,guns,fraud,theft and grand theft. the police clearly lied to the judge to get the warrent signed,so why is my lawyer telling me that this isnt enough to get the warrent (and my whole case)dismissed?
 
S

snidly

Guest
deal

regarding the informant case. if i plead guilty to recieving stolen property(which was a stolen pistol),posession of meth and posession of a controlled substance for sale with a loaded firearm i would get 2 years probation,90 days home detention. after 2 years the stolen property charge gets dropped to a misdeameanor as well as the other two felony charges,they would be wiped from my record. i either take the deal or try to fight my case and attack the search warrent because the police lied about the informants credibality. whats your opinion?
 
R

RSR26

Guest
the fact that the officer was wrong about the informant's criminal history is not fatal- I think you would have to show that he intentionally lied about his record to make this a big issue.

the problem for you is that the informant in your case did what is called a "controlled buy" and, if done properly, will give the cops probable cause to search every time. In a "controlled buy", the cops watch the informant make the buy, and search him prior to the buy just like you said what happened in your case. In these "controlled buy" situations, the credibility of the informant does not matter since, the reasoning goes, the cops are watching his every move and they are not just taking his word for it.
 

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