Local P.D screw up! Now why the Feds?

[limey2u]

What is the name of your state? CO
local two counties police depts, screw up on warrant and Iliegaly search premisses. when push comes to shove in court the local DA (after 9 months of containuations) drops the case and hands it over to F.B.I. Then makes a charge of trafficking. Can this be right? Can they do that?

 

[Shay-Pari'e]

What is the name of your state? CO
local two counties police depts, screw up on warrant and Iliegaly search premisses. when push comes to shove in court the local DA (after 9 months of containuations) drops the case and hands it over to F.B.I. Then makes a charge of trafficking. Can this be right? Can they do that?

Yes, they can.

 

[CdwJava]

What is the name of your state? CO
local two counties police depts, screw up on warrant and Iliegaly search premisses. when push comes to shove in court the local DA (after 9 months of containuations) drops the case and hands it over to F.B.I. Then makes a charge of trafficking. Can this be right? Can they do that?

Well, if a court ruled that the search was illegal, then it won't matter WHO has the case now, it will be tough to prosecute with ill-gotten evidence.

However, if it is as I suspect - a court never ruled that the evidence was bad, it is just claimed by the defense - then this is likely bad news for the defendant. The federal standard for search and seizure is much more lax than most state standards.

- Carl