Legal Question in Constitutional Law in California

my house was raided by a drug task force.they came in screaming they had a search warrant to search.after i was hand cuffed i asked to see the warrant twice and they didnt produce it.i still havent seen it.can i run a motion based on that.

Asked on 5/22/13, 3:48 pm

3 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman
0 users found helpful
0 attorneys agreed

You should get a lawyer, give her more information about your case, and ask her what to do. If the officers had a warrant, failing to show it to you will likely not invalidate the search. There are also many situations where a warrant is unnecessary, though it sounds like one would have been needed in your case.

Read more
Answered on 5/22/13, 4:02 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law
0 users found helpful
0 attorneys agreed

You need a lawyer in this situation, in my opinion.

Read more
Answered on 5/22/13, 4:25 pm
James Goff James R. Goff, Attorney at Law
0 users found helpful
0 attorneys agreed

You can move to suppress evidence as part of your case if one was filed. At the motion to suppress the prosecution will produce the warrant if one was obtained. Often in drug task force cases the contents of the warrant maybe concealed by the court pending its execution to protect the confidential informant if one was used to justify issuance of the warrant. The mere fact that you were not presented with a copy of the warrant at the time of execution would not alone be sufficient to justify the suppression of evidence obtained from the search. The court at a motion to suppress will examine the justification for the search. An attorney is best source on the timing of a motion to suppress evidence. There are tactical considerations in the timing of the motion to suppress either prior to a preliminary hearing or waiting until after but before trial.

Read more
Answered on 5/22/13, 6:40 pm

Related Questions & Answers

More Constitutional Law questions and answers in California

Looking for something else?

Get Free Legal Advice

88413 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Michelle ScopelliteGoldstein & Scopellite, PCTucson, AZ
Barry SteinDe Cardenas, Freixas, Stein & ZacharyMiami, FL
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now