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Search Warrant/Traverse or Suppression Grounds

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C

cfsincca

Guest
In the state of California.
POLICE SERVED SEARCH WARRENT ON A RESIDENCE AND STORAGE FACILITY. THEY SIEZED COMPUTERS, SOFTWARE, MISC EQUIPTMENT, DOCUMENTS, PAPER AND MISC NARCOTICS (WARRANT DOES NOT MENTION NARCOTICS). RESIDENTS (3 OF THEM) TAKEN INTO CUSTODY AND PROPERIES SEIZED. THEY ARE RELEASED 72 HOURS LATER, DUE TO FAILURE TO ARREIGHN. NOW, CA PC 1538.5B STATES THAT GROUNDS FOR SUPPRESSION COULD BE THAT THE SEARCH AND SIEZURE WAS UNREASONABLE DUE TO : THE WARRENT IS IN SUFFICENT IN ITS FACE. WOULD THE FACT THAT THE DESCRIPTION OF THE PREMISES ACURATE IN MOST WAYS, OTHER THAN THE REFERENCE TO THE APARTMENT/UNIT BEING ON THE SECOND FLOOR WHEN IN FACT IT IS A GROUND FLOOR UNIT THAT WAS ENTERED AND SEARCHED? WOULD THAT APPLY? OR IS THERE ANY REASONABLE ARGUEMENT AND OR MOTION THAT WOULD ASSIST IN THE DEFENDANTS CASE. TO DATE APPROX. 15 DAYS LATER NO CHARGES HAVE BEEN REFILED. HOW LONG CAN THEY KEEP PROPERTY SIEZED IN SEARCH AND HOW WOULD YOU GO ABOUT GETTING PROPERTY BACK. THANK YOU FOR ALL INFORMATION / REPLYS
 



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