motion to supress/ unconstitutionally seized evidence

[mgreen7]

undefinedWhat is the name of your state? massachusetts


If a person has been charged with a crime and he belives that a weapon the prosecutor plans on using at trial was unconstitutionally seized from his home his lawyer will file a motion to supress. But, HOW will his lawyer prove his claim???

 

[seniorjudge]

Q: But, HOW will his lawyer prove his claim?

A: By facts you give him.

 

[bsokee]

Please tell us more. I am very much interested in hearing why your lawyer believes the search & seizure was unconstitutional?

 

[mgreen7]

unconstitutionally seized evidence reply

mass.

no warrant, none of the exclusionary rules applied (plain view, emergency exception, etc).. so in order to get the motion to supress granted will my lawyer have to put the officer on stand... i just dont know how we are going to prove that the officer seized the evidence in an unconstitutional manner.

 

[seniorjudge]

mass.

no warrant, none of the exclusionary rules applied (plain view, emergency exception, etc).. so in order to get the motion to supress granted will my lawyer have to put the officer on stand... i just dont know how we are going to prove that the officer seized the evidence in an unconstitutional manner.

Okay, you've stated these conclusions twice.

Now we need facts and details.

 

[mgreen7]

reply

mass.

facts im giving is about the weapon that we belive was seized unconstitutionally... im not asking for any other advice on the case i just need to know how this is ever going to be proved in court when its our word against the officers. i guess the proof we have is there was no warrant but how can it be proved that the officer didnt see it in plain view? thats all im asking is how we can ever prove that this happened unconstitutionally, therefore our motion to supress should be granted. i dont think any other facts are necessary in helping me determine this. thank you

 

[seniorjudge]

i dont think any other facts are necessary in helping me determine this


Okay.

 

[mgreen7]

what facts are you looking for? it was an assault and battery with a dangerous weapon case.

 

[seniorjudge]

what facts are you looking for? it was an assault and battery with a dangerous weapon case.

Give us the facts and details of your arrest and leave out all the editorial comments.

 

[mgreen7]

re

im not sure why you need the facts and details of the arrest and so forth. i dont really want to talk about that on something so public... I just thought someone could help me out with my question without having to talk about the case. I tried to make it more of a general question.

 

[seniorjudge]

im not sure why you need the facts and details of the arrest and so forth. i dont really want to talk about that on something so public... I just thought someone could help me out with my question without having to talk about the case. I tried to make it more of a general question.

Okay.

Then delete your thread and go somewhere else.

 

[justalayman]

im not sure why you need the facts and details of the arrest and so forth. i dont really want to talk about that on something so public... I just thought someone could help me out with my question without having to talk about the case. I tried to make it more of a general question.

The actions involving the arrest can make a world of difference as to why the gun may or not be used as evidence. So in being vague in your details the folks here can only be as vague in their responses.

 

[Zephyr]

what about probable cause?

 

[BeGone]

..

you SHOULD post the facts here. then if you're paranoid about cops reading it, then just delete your post(s) after you get an answer or delete the thread altogether. i posted my whole story here, and i got some GREAT advice which my lawyer (finally got one) agrees with and says he can get my evidence suppressed because the officers opened my door without a warrant and only had "exigence of their own making" since they didnt get a warrant when they had plenty of time to.

if you REALLY want help , post the facts, people cant give you advise based on assumptions, they need the facts to give you a REAL opinion or fact based answer.

the people here wont pull the "i've got a hunch" like some cops do. they will give you advice based on real LAWS and CASES in the past, but if you continue to refuse to give any facts you will be ignored.

 

[bsokee]

Something very similar happened with my friend & if we would have had the money to hire another lawyer, that I talked to, he said the first thing to do was to get a motion to supress, before your prelim hearing, & go from there. But, unfortunatly, my man had waived his right to a PH, so that is the worst mistake u can make. Hope u haven't done this yet. According to other lawyers I've spoken with, search & seizure is very touchy if they can prove prob. cause. Our case if over, & I still am not sure after reading aress. off. affidavit, what prob. cause was. He stopped to check on my friend who was pulled off road using cell phone. This went to a 2 hr interr & illegal s&s & then arr. for traces of cds. So, if you have a good agressive lawyer, he'll know what to do. Can't u explain by using alias people, places, ect?