Search Warrant Thrown Out - Charges???

[lindeekj]

What is the name of your state (only U.S. law)? IOWA

Reason for search warrant on my house was because of my boyfriend being arrested for a small amount of meth. They found no meth however I was charged with simple misdemeanor for possesion of pot. I have pled guilty to a deferred sentence. Boyfriend's lawyer is seeking to have the search warrant thrown out as the initial traffic stop was illegal. If the search warrant is thrown out - can my charges be dropped?

[seniorjudge]

Originally Posted by lindeekj

What is the name of your state (only U.S. law)? IOWA

Reason for search warrant on my house was because of my boyfriend being arrested for a small amount of meth. They found no meth however I was charged with simple misdemeanor for possesion of pot. I have pled guilty to a deferred sentence. Boyfriend's lawyer is seeking to have the search warrant thrown out as the initial traffic stop was illegal. If the search warrant is thrown out - can my charges be dropped?

Are you stoned now?

Re-read that post and tell me why it makes no sense.

[outonbail]

I believe she's trying to say that they didn't find any meth when they searched her house.

But they did find meth during the boyfriends traffic stop.

She's just a little confused on exactly what her boyfriends attorney is trying to accomplish.

I figure the attorney must be going for an illegal search and seizure arising from the traffic stop. Because if they obtained a warrant for the house, proving it was illegal wouldn't have any effect on the boyfriends case, since he isn't being charged with anything found in the house. At least according to the OP's post.

Boyfriend's lawyer is seeking to have the search warrant thrown out as the initial traffic stop was illegal. If the search warrant is thrown out - can my charges be dropped?

Possibly, if you haven't plead guilty or taken a deal yet.

I have pled guilty to a deferred sentence.

Oh well, looks like you've jumped the gun and plead guilty to settle your case with the deferred sentence deal. So you're case is no longer pending, you've admitted guilt, so it no longer matters whether the warrant was legit or not.

But I wouldn't count on the warrant being thrown out anyway. It isn't very hard for the police to justify the reason for a traffic stop and work it from there. Really depends how they "worked" it from there.

But if there is no other viable defense, it never hurts to try.

[CavemanLawyer]

You cannot withdraw a guilty plea unless there was some sort of prosecutorial misconduct or new evidence was discovered. Even if the traffic stop of your boyfriend was unlawful and even if that taint rendered the subsequent search of your house unlawful, you waived all of these arguments by pleading guilty.