Illegal/legal search

[Rid3r]

My vehicle was stored at a residence in which id stayed in it time to time. A search warrant was issued on the occupant of said residence and said residence no where on that warrant was my name or my vehicle. The cops broke my window gained access found some pariphenelia my id located me and arrested me was this legal

 

[Ohiogal]

My vehicle was stored at a residence in which id stayed in it time to time. A search warrant was issued on the occupant of said residence and said residence no where on that warrant was my name or my vehicle. The cops broke my window gained access found some pariphenelia my id located me and arrested me was this legal

Based on what you have stated, yes.

 

[adjusterjack]

The cops broke my window gained access found some pariphenelia my id located me and arrested me was this legal

Have your lawyer review the warrant and the affidavit. He'll tell you.

 

[quincy]

My vehicle was stored at a residence in which id stayed in it time to time. A search warrant was issued on the occupant of said residence and said residence no where on that warrant was my name or my vehicle. The cops broke my window gained access found some pariphenelia my id located me and arrested me was this legal

What is the name of your state?

 

[Rid3r]

Based on what you have stated, yes.

Well that would be like someone owning or taken care of a business that has vehicles that are not his and the cops pulling a serch warrant for him and his property then going and breaking in every vehicle how is that legal

 

[Rid3r]

What is the name of your state?

Arizona

 

[Rid3r]

Have your lawyer review the warrant and the affidavit. He'll tell you.

Im working with a public defender and their not always on your side they just try getting you to take a plea so if i can show that i know what im talking about when it comes to my rights i have a chance

 

[Zigner]

Well that would be like someone owning or taken care of a business that has vehicles that are not his and the cops pulling a serch warrant for him and his property then going and breaking in every vehicle how is that legal

It's not at all the same.

 

[adjusterjack]

Well that would be like someone owning or taken care of a business that has vehicles that are not his and the cops pulling a serch warrant for him and his property then going and breaking in every vehicle how is that legal

Stay on the subject. Don't compare apples to elephants.

Im working with a public defender and their not always on your side they just try getting you to take a plea so if i can show that i know what im talking about when it comes to my rights i have a chance

Did your public defender read the warrant and the affidavit?

Have you read it?

What does it say?

 

[Ohiogal]

Well that would be like someone owning or taken care of a business that has vehicles that are not his and the cops pulling a serch warrant for him and his property then going and breaking in every vehicle how is that legal

Because the business owner may have had access to the vehicles to hide things.

 

[quincy]

Im working with a public defender and their not always on your side they just try getting you to take a plea so if i can show that i know what im talking about when it comes to my rights i have a chance

A public defender is a licensed attorney who works for the client in their best interests. The major difference between a public defender and a private attorney is often just the amount of time that can be spent on each case. Public defenders typically have higher case loads.

The key to knowing if the search of your vehicle was legal or not is to read the warrant. Warrants should be specific in what is to be searched. That said, anything illegal that is found during a proper search can be confiscated. For example, if the search is for weapons but drugs are found during the search, both the weapons and drugs can be seized.

 

[Ohiogal]

Im working with a public defender and their not always on your side they just try getting you to take a plea so if i can show that i know what im talking about when it comes to my rights i have a chance

Now you can rot. I am a public defender. You have no clue. PD's have the best chance of getting the best results because of their relationship with the court. BTW -- I am the ONLY attorney that has responded to you.

 

[Ohiogal]

A public defender is a licensed attorney who works for the client in their best interests. The major difference between a public defender and a private attorney is often just the amount of time that can be spent on each case. Public defenders typically have higher case loads.

The key to knowing if the search of your vehicle was proper or not is to read the warrant. Warrants should be specific in what is to be searched. That said, anything illegal that is found during a proper search can be confiscated. For example, if the search is for weapons but drugs are found during the search, both the weapons and drugs can be seized.

Truth but quite frankly, as a PD my biggest issue is my client COMMUNICATING WITH ME. Most PDs have a great relationship with the court and know what the court accepts and how they react to things and make recommendations based upon that. This OP is a bigot against PDs. He can rot. Probably in jail because I won't be commenting again.

 

[quincy]

Truth but quite frankly, as a PD my biggest issue is my client COMMUNICATING WITH ME. Most PDs have a great relationship with the court and know what the court accepts and how they react to things and make recommendations based upon that. This OP is a bigot against PDs. He can rot. Probably in jail because I won't be commenting again.

I am afraid that Rid3r’s impression of public defenders is not an uncommon one. I think the idea of a public defender being somehow inferior to a private attorney is because many believe that only money can buy the best and the brightest.

If anything can be learned from some of the private attorneys representing some of the wealthy defendants appearing recently in courts across the country is that private attorneys are not necessarily all that bright.

 

[not2cleverRed]

Im working with a public defender and their not always on your side they just try getting you to take a plea so if i can show that i know what im talking about when it comes to my rights i have a chance

Well, taking a plea to a lesser charge will result in a) less time in legal limbo, and b) potentially lesser consequences than if you go to trial and lose.

This is not to say that you have no chance of going to trial and being found not guilty. However, it would take time and more legal effort to do so. Your lawyer has access to the details of your case and knows better than us whether such effort would be worth it.