sealed search warrants

[colemanplatinum]

What is the name of your state (only U.S. law)?New York
I have a friend who house got raided in Dec.08.Came in the house the police didn't have a warrant.Kept saying it was on the way.The police tore up the house found a little crack cocaine, scale, and a shot gun.He was arrested for criminal poss. 3rd degree, criminal poss. 7th degree, and criminal poss. of stolen prop. with the gun.The gun was reported stolen in 1979 wow.He was charge with a felony. In May of 2010 the felony was reduce down to misdeamors. Kept asking about the warrant. They kept saying the warrant was sealed. So finally in August of 2010 the judge gets the search warrant and application unsealed. In October 2010 my friend get pick up on a sealed indictment for 2 counts criminal poss. 3rd degree w/ intent to sell and 2 counts of criminal sales in the 3rd degree. They said in October and December he sold to a undercover cop. His old case which is still pending in the warrant of application it has the same dates as Oct, and Dec but says he sold to a confid. informant.Could they the police lie to the judge and say it's a confid. informant but have you indicted on felony saying you sold to cop? Can they use the same evidence in two different cases cause the the first case they only charge him for what they found in the house and the second case is for what was on the warrant of application in the first case .

 

[CdwJava]

If you are asking whether or not some crooked cop might lie and make something up? Sure. Whether that is the case here, nonoe of us could possibly say. Your friend's attorney is in the best position to evaluate his case and advise him.

He probably should have learne3d from the original arrests in 2008 that drugs were bad and then, maybe, he wouldn't be in this new mess now.

 

[colemanplatinum]

The new arrest is stemming from the old arrest if you read it right. They just didn't charge him for the sales when they raided the house in Dec 08. They charge him for what they found in the house. It was almost a year later. My main question is could they do that. Oh the police can't lie about that because it's in black and white. On the warrant of application they said he sold to a confidential informant using the same dates in Oct, and Dec. Then they indicted him in Oct of 2009 for selling to a undercover cop with the same dates of Oct, and Dec. That's probably why they wanted that warrant to be sealed so he wouldn't know that info.Plus when you trying to convince a judge about a person selling drugs the confidential informant has to be reliable plus give a sworn affidavait to the police?

 

[cyjeff]

The new arrest is stemming from the old arrest if you read it right. They just didn't charge him for the sales when they raided the house in Dec 08. They charge him for what they found in the house. It was almost a year later. My main question is could they do that.

Yes, and it isn't even all that uncommon.

Oh the police can't lie about that because it's in black and white. On the warrant of application they said he sold to a confidential informant using the same dates in Oct, and Dec. Then they indicted him in Oct of 2009 for selling to a undercover cop with the same dates of Oct, and Dec. That's probably why they wanted that warrant to be sealed so he wouldn't know that info.Plus when you trying to convince a judge about a person selling drugs the confidential informant has to be reliable plus give a sworn affidavait to the police?

Are you saying he never sold to anyone?

 

[CdwJava]

The delay may have been because they were looking at some deeper issues and bigger fish. That would explain the sealed warrant affidavit as well.

Your friend's attorney can address any potential improprieties if any might exist.

 

[colemanplatinum]

Do they seal the search warrant and the warrant of application before or after they execute the search and also can you find out what date they sealed the warrant?

 

[CdwJava]

Do they seal the search warrant and the warrant of application before or after they execute the search and also can you find out what date they sealed the warrant?

His attorney should be able to find out this information. I doubt the court or the police will tell you anything.

The court can order the warrant sealed at any point. Depending on the circumstances and whether there is an ongoing investigation or a threat to one of the involved parties, it could be sealed even beforehand. When it must be revealed to the defense is something I cannot answer. Again, his attorney should be able to answer these questions for him.