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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 09-03-2001, 04:00 AM
mymichelle
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rules of procedure re: search warrants


We live in Tulare County of California and last week the Fresno County Sherriffs raided our house. They had been there for a couple of hours before we arrived home were we were handcuffed at gunpoint. They had allready kicked in the doors and tore up the house. One of the first things they asked me "Do you know why we are here?" I replied in the negative. The only paperwork we were given was a form Notice of service of search warrant which the detective filled out in front of my boyfriend after they managed to get into a safe where they found meth and arrested him. It states that a search warrant was issued 5 days earlier by a Tulare County Judge but gives no filing numbers and has no signatures. Do you think the rules of procedure were followed here or do we have a chance at getting the search warrant nullified?
  #2  
Old 09-11-2001, 01:43 PM
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Your or your boyfriend's attorney will have to examine the warrant to determine whether the search was legal. Nothing in the facts you gave appears illegal.
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