• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

figure this out?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

lo1263

Guest
my case is regarding a search warrent. I am now finding out that most of the investigation leading to the signed court order is based on an anonymous person, who wants to remain anonymous and cops digging through garbarge finding only small reminants of sticks and a single small shred of leaf. They state the distrubution of, however, no evidence was found to constitute the hunch of the officer, which resulted in the singned warrent. What's the alternative here? False statements were also made by the officer to obtain the warrent. They obviously wasted the time of tax payers money and did not get who they were looking for.
My question, what can an attorney do to get this dismissed?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

No expectation of privacy in garbage. IF they find drugs in your garbage, plus a reliable anonymous informant, can bring sufficient probable cause to have a warrant issued.

Your attorney will have to show the initial warrant was defective/illegal : have to prove any false statement and that perhaps anonymous person was not reliable. This will be difficult to do.
 
L

lo1263

Guest
lawrat

ok, what is needed to prove that it was illeagle? How can an attorney go about gathering that particular evidence?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top