Search Warrant

What is the name of your state? California

Is it legal for a Detective in one city to order a Search Warrant for a home in a neighboring city, break down the door, take personal property, then hand the case over to the Police Department in the neighboring city, saying "oops, we don't have jurisdiction there."?

Would the property taken in the search be admissable evidence?


Thank You.

For the search warrant to be a valid one, it would need to have been issued, in the jurisdiction, where the place to be searched is located.
Law enforcement agencies often cooperate in conducting investigations, in fact this was encouraged after 9/11. If the detective were asked by the local jurisdiction to assist them, then he had every right to be there.

On the other hand if the search warrant were issued from outside the jurisdiction, and the detective was not asked to be there. Then the case could have some serious issues. Contact an attorney immediately, point out that those facts.

"Would the property taken in the search be admissable evidence?"

It will depend entirely on the facts of the situation. Talk to the attorney.

That's what I figured. The Detective in the neighboring city initiated the warrant. The local jurisdiction wasn't involved until after the fact.

Well, here it is a number of weeks later and (as far as I know) I haven't been charged with anything (yet). The local police conned me into a confession using the evidence that was taken during the illegal search. Is that legal? Will it stand up in court?

I don't have the $ for an attorney. Any suggestions?

Thank You.

Get your PD and if the warrant was illegal then any evidence obtained in the search is fruit of the poisoned tree and is inadmissable.

You certainly have the right to recant your story and since the evidence is inadmissable (assuming the warrant was truly invalid) then so is your "confession".

Another point. The confession was coercered based on evidence that is inadmissable which if I'm not mistaken also makes the confession tainted and also inadmissable.

IAAL, am I close???

Originally posted by OnlyOneVoice
Get your PD and if the warrant was illegal then any evidence obtained in the search is fruit of the poisoned tree and is inadmissable.

You certainly have the right to recant your story and since the evidence is inadmissable (assuming the warrant was truly invalid) then so is your "confession".

Another point. The confession was coercered based on evidence that is inadmissable which if I'm not mistaken also makes the confession tainted and also inadmissable.

IAAL, am I close???

Is this true? If so, then these police are ------s! I received a phone call from the detective (in my jurisdiction) just yesterday. Originally, he told me I would not be arrested, (since I had cooperated in confessing. I didn't know at the time the search was illegal.) but that I would receive a letter from the Prosecuting Attorney advising me of the charge(s?) and it, the letter, would instruct me as of what to do to take care of it WITHOUT having to see the inside of their not so lovely county jail (Los Angeles).
So yesterday the detective calls and tells me that the PA is NOT going to send a letter...that they, the PA, are going to issue a warrant for my IMMEDIATE arrest!!!! He 'advised' me to hurry down to the courthouse, give the court clerk the report number and some 'internal' number and they would "probably" arraign me right then.

Does this sound 'odd' to anyone else but me? Or, is it that the PA said "no" to prosecuting the outcome of an illegal search and the only way for them to procsecute me is to 'turn myself in' to the court?

Any replies would be great.

IAAL?

They just issued a Felony warrant for me!!! Will they come to my home this weekend and pull me out of my door? Crash my door down like they did last time? Does it matter I'm staying with my ex-husband now and this is HIS home, NOT mine?

Jesus! I wasn't expecting a FELONY! The detective lied his ass off. Yeah...I'm stupid.

Why do you think I use the name '2trusting2'??? I believe everybody. What a sap.






I want my mommy.

[I AM ALWAYS LIABLE]

My response:

Unless you want your ex-husband's door knocked in like the last time this happened, then I would suggest that THIS TIME you voluntarily give yourself up by going to the police. Don't wait for them to knock on your door to put you in handcuffs in front of the neighbors, the kids, etc. Also, you don't need a ride by them. Get there yourself.

Keep your mouth SHUT! You give name, rank and serial number only! You do not say one, single word during the "booking" process. You speak only to your attorney. If they start to question you about the reasons for, or facts of, your case you just look at them, and stare with steely eyes. Make sure you use the bathroom before you go there, and do not drink any coffee.

Listen carefully to your Miranda admonition. You'll be taken into custody, and placed in "holding". On the next court day, you'll be arraigned. At that time, the judge will ask if you're represented and, if not, will assign the Public Defender's Office to represent you. Also, at that time, the judge will determine your bail. Make sure a family member goes with you to the arraignment so that you can have someone right there to post your bail, or to obtain bail from a Bondsman.

The Public Defender will review your case, along with the warrant and other evidence. That will allow your attorney to formulate a strategy for your defense; e.g., perhaps to file a Motion to Suppress.

IAAL

I'm really scared. I know..."don't do the crime if you can't do the time."

I'm glad it's almost over.



p.s. Thank you for your advise, iaal. I'll take it to heart.

I must be getting my karma back.

damn

What KIND of attorney would I want if I were to hire one independently?

[I AM ALWAYS LIABLE]

Originally posted by 2trusting2
What KIND of attorney would I want if I were to hire one independently?

My response:

Hmmmm. Let me see (scratching his chin), let me see. Hmmmm.

Well, would you want a - -

1. Contracts attorney? No.

2. Probate attorney? Well, no. But, you're getting warmer.

3. Ah! Perhaps a Corporate attorney? No again.

4. How about a Tax attorney? That doesn't seem right.

5. What about, oh, I don't know . . . how about a "criminal defense" attorney??

Yah! It's number 5. Yah, that's the ticket!

IAAL

I have a few things going on at the moment. I don't know if you read the thread entitled "Moving Companies.... Legal Thieves?"

Everything I own(ed??) was, from my own stupidity again (thought I'd say it for you iaal...lol) recently stolen by a moving company. Life has been uh, a bit bitter, as of late.

Thanks again for the advice. I guess I was thinking about the movers and THAT situation when I wrote that last reply.

Sorry.

2 Trusting:

IAAL gave some pretty good suggestions in terms of what you can do. I'd recommend that you follow them. Also talk with your attorney about the legal issues. For most states, there would not be a jurisdictional issue here. Normally, a search warrant can be drafted and signed in one jurisdiction and executed within another jurisdiction (within the same state) as long as there is one executing officer accompanying the search from the jurisdiction to be searched.

I am not a CA attorney, so you should probably speak with one regarding this issue.

I'm finding that in California there is no such thing as a "free consultation". I'm told by the DA I have to wait until after I turn myself in to speak with a P.D. Great. I guess I better start looking for homes for my 4 cats, parrot and fish. God only knows what's going to happen tomorrow. I'm turning myself into the court first thing in the morning. Almost ironic.....I'll have the same judge my ex continues to go before for a case of Domestic Violence. Somehow his atty has gotten it postponed 5 times now.

I know I sound like a real sleaze,......but really, I'm not. Sometimes bad things happen to good people. I'm definately paying back any karma I owe. Between this and the movers stealing everything I own(ed)...

Oh well, guess I deserve it.

There wasn't a single officer of the court from MY jurisdiction involved in the breaking down of my door and searching my home when I wasn't there. Funny, they pretty much took only things of my roommates. They said it doesn't matter WHO it belongs to. It was in MY home.