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officer lying to obtain a search warrant

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reen54

Junior Member
What is the name of your state? Virginia
Officer states on Affidavit that a confidential informant told him that I was making moonshine from a 15 to 20 gallon copper still that I was making 20 to 30 gallons a week and selling it for 20 to 25 dollars a quart. The officer states he conducted a surveillance and observed a large tank consistent with a still;similar to an oil tank on it's side and appearing to have a vent pipe, which would be consistent with a "doubler" or worm connection. I wasn't making any,selling any and the still saw not copper as the informant had said. The officer didn't see a still because from where he was it is impossible to see that side of the building plus it was behind a wall and covered with black plastic and what he describe in the Affidavit was nothing like what they found. Was that a legal search warrant? Also he was using binoculars when he look into my building which is attach to my dwelling which can not be seen from the road, did he violate my Constitutional Rights?
 


CdwJava

Senior Member
You don't know what he saw as you weren't where he was standing.

Also, as long as he was standing where he had a legal right to be, the use of binoculars is fine.

Find an attorney and he can mount a challenge to the affidavit. But, if nothing was found on the search warrant, what are you worrying about?

Oh .. and exactly WHAT did this mean: "plus it was behind a wall and covered with black plastic" ... did you mean, the still was behind a wall and covered by black plastic?

- Carl
 

reen54

Junior Member
reen54 said:
What is the name of your state? Virginia
Officer states on Affidavit that a confidential informant told him that I was making moonshine from a 15 to 20 gallon copper still that I was making 20 to 30 gallons a week and selling it for 20 to 25 dollars a quart. The officer states he conducted a surveillance and observed a large tank consistent with a still;similar to an oil tank on it's side and appearing to have a vent pipe, which would be consistent with a "doubler" or worm connection. I wasn't making any,selling any and the still saw not copper as the informant had said. The officer didn't see a still because from where he was it is impossible to see that side of the building plus it was behind a wall and covered with black plastic and what he describe in the Affidavit was nothing like what they found. Was that a legal search warrant? Also he was using binoculars when he look into my building which is attach to my dwelling which can not be seen from the road, did he violate my Constitutional Rights?
I know where he was standing and if you stand there you can't see the inside of that side of the building plus he was trespassing yes the still was behind a wall and cover up with plastic you couldn't see it if you were in the middle of the building
 
S

seniorjudge

Guest
reen54 said:
I know where he was standing and if you stand there you can't see the inside of that side of the building plus he was trespassing yes the still was behind a wall and cover up with plastic you couldn't see it if you were in the middle of the building
Perhaps the confidential informant saw the still and told the cop. If the confidential informant can be proved to be reliable, then the warrant would be good.
 

CdwJava

Senior Member
reen54 said:
I know where he was standing and if you stand there you can't see the inside of that side of the building plus he was trespassing yes the still was behind a wall and cover up with plastic you couldn't see it if you were in the middle of the building
Being on someone else's property is not necessarily trespassing. If it is not gated, open, and generally open to foot traffic or traveled by visitors, then it would not be a place where the officer could not be.

And as SJ said, the description may have been made by the informant.

If you think he is lying, then tell your attorney and have him raise the argument in court ... though it's gonna be tough to to raise an argument that he saw the still because you had the still hidden and covered ... kinda means you have to admit it's existance to challenge that he saw it. And how could he have described it in the affidavit if he had NOT seen it?

- Carl
 

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