4th amendment

[Mass_Shyster]

Once again, your attorney can seek to have any evidence suppressed

It appears from post #8 that the motion to suppress was already denied.

 

[CdwJava]

It appears from post #8 that the motion to suppress was already denied.

Then, it would seem, that his complaints are moot.

 

[sire696969]

IN PRELIM HE SAID HE WAS DOWNSTAIRS , HE COULD NOT SEE THE ROOM. HE ALSO SAID NOBODY ENTER THE ROOM. SO HOW DID THEY SEE A PIPE IF NOBODY WAS IN THE ROOM. DID WHO,LE THING IS A MESS UP SITUATATION THAT THEY WON'T . THEY TOOK MY PHONE AND GOT EVERY FILE. EVEN THAT AGAINST THE LAW. DAM PRETTY SOON WE WILL HAVE EVERTHING TAKEN AWAY.WAY NOT ARREST ME THAT DAY IF IT WAS TRUE. THEY SAY SOMETIME ITS BETTER TO HAVE SOMEBODY OUT SIDE THE AREA TO DEFEND YOUR CASE.

 

[NeilTheCop]

It's odd that as you're so conversant with the Constitution and state law and have already retained an attorney that you came to this forum.
This is how search procedures went here in New Mexico and I'm sure California isn't that different.
To begin, we didn't just drive round and say "That looks likely, lets break the door down", because our superiors took a dim view of that sort of behavior. With warrant in hand we would enter the house and do a 'sweep'. This is different to a search this is just checking if there is anyone else in the house. It was common to 'Terry frisk' everyone for weapons for officer safety.
Then everybody exits the house. Now in goes the Technical Services Division (TSU) photographer who takes literally hundreds of photos. The reason is two fold, to photo any evidence in plain sight and to preclude any cries of "My Ming vase and collection of Monet paintings has gone missing", or "They broke my (fill in the blank)"
The bad news for you is that found evidence of wrongdoing, and if you go to court shouting "I know my rights; the Constitution says" or "Corrupt cops", it will not help your situation, especially as many judges are former law enforcement.

 

[Taxing Matters]

...especially as many judges are former law enforcement.

Maybe in your area that's true. Not in mine. Indeed, in my area none of them are. But some (though not most) were former prosecutors.

 

[Shadowbunny]

@sire696969 - please stop posting in all CAPS. Not only is it hard to read, but it is also the online version of shouting.

 

[TigerD]

....

You had a preliminary hearing and it didn't go your way. You had a suppression hearing and it didn't go your way. You still get to have a trial where you can raise your arguments; it may not go your way.

There is also another issue to consider: You could, maybe, stop breaking the law?

 

[RJR]

The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures. In addition, it sets requirements for issuing warrants: warrants must be issued by a judge or magistrate....

The problem with copy and paste is, the information is not always correct, others besides a Judge/Magistrate can issue/sign Arrest warrants for Municipal offenses, jurisdiction specific, of course.

 

[quincy]

The problem with copy and paste is, the information is not always correct, others besides a Judge/Magistrate can issue/sign Arrest warrants for Municipal offenses, jurisdiction specific, of course.

Wikipedia can be a good starting point for someone researching a topic but, because the information from Wikipedia is often error-filled, everything published on the site should be verified. Wikipedia should never be the only source consulted nor should it be considered a reliable source.

 

[sire696969]

over all--no warrant, yes i did sign after 40 mins of saying no!!!!!!they were already in my bedroom searching before signing. gf does live in the same house and room. mail there her stuff there and eviction notice. investagation scope he saw a p on desk, in prelim he was down stairs. can even see the bedroom. out of 12 officers only had 1 cam were is the rest, the cam was a officer in front of house with joe.

 

[Mass_Shyster]

You can spend all the time in the world trying to convince us that the search was unreasonable. We don't matter. The judge that denied the motion to suppress is the only person who mattered, and that's water under the bridge. The motion was denied. Move on.

 

[quincy]

over all--no warrant, yes i did sign after 40 mins of saying no!!!!!!they were already in my bedroom searching before signing. gf does live in the same house and room. mail there her stuff there and eviction notice. investagation scope he saw a p on desk, in prelim he was down stairs. can even see the bedroom. out of 12 officers only had 1 cam were is the rest, the cam was a officer in front of house with joe.

Well ... you've told us your story. It is now up to you - with help from your attorney - to present your case in court. Good luck.