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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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Old 01-23-2002, 01:25 AM
ksprairie
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illegal search/seizure and still convicted


My friend is in prison in Arizona for armed robbery, aggravated assault and 1st degree burglary. It is my understanding that these are offenses that are committed with a weapon. During the pre-trial the weapon evidence was thrown out due to illegal search and seizure. The police went into my friend's motel room while he was gone, without his permission, and opened a locked suitcase to find the weapon. Without a weapon, wouldn't his lawyer have had an argument to dismiss? And now that he has been convicted does he have a chance for Rule 32 post-conviction relief? Any advice and/or comments are greatly appreciated.
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Old 01-23-2002, 01:57 PM
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If the judge determined the gun was seized in an illegal search, that means that the actual gun can't be introduced into evidence. It does not mean that the rest of the evidence against him can't be introduced, including evidence that he used a gun, or eyewitness testimony, etc.
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