Legal Question in Criminal Law in California

OC undercovers had a blk and wht assisting them, when they pulled me over from the 5 freeway in the afternoon, they surrounded me with their vehicles then when I pulled over they threw me in the backseat of the blk and wht and took control of my car. they pulled over off the freeway showed me a search warrant for both my vechicle and home address which was not in the same city as where they initially had pulled me over. Im wondering what stipulations regarding a the search warrant they obtained had to be verified before the judge agreed to process for them.

Asked on 9/26/09, 7:30 am

4 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall
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A judge can issue a search warrant if a police officer makes a sworn statement establishing probable cause to search a particular place.

The warrant to search your car could be executed by any peace officer anywhere in the state.

Assuming the warrant was validly issued, this sounds like a valid search, but an experienced criminal defense attorney might be able to find grounds to suppress any evidence the cops found by examining all of the evidence against you.

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9/26/09, 10:26 am
Joe Dane Law Office of Joe Dane
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To answer your first question - can they detain you in another city to execute a search warrant that is not the one listed on the warrant? The short answer is yes. The warrant apparently listed you, your house and car as the things to be searched. Obviously, the house is stationary and they'll have an exact location for it, but the warrant allows them to search you and your car anywhere in the state.

The second part of your question - what has to be verified by the judge - sounds like where your fight is.

Under the search and seizure laws, searches done with a warrant are presumed to be reasonable, since a judge has presumably reviewed the information and agreed that probable cause to search exists. There are ways to attack a search done with a warrant, though.

First - warrants have certain technicalities that must be followed. Next, the underlying probable cause is subject to attack. If the warrant was lacking enough information and the judge shouldn't have issued it in the first place, then it can be defeated and the evidence suppressed. If there is an informant that is the basis for the information, motions to disclose the informant and/or challenge their information as the basis for the warrant may lead to suppression of evidence.

Every case is unique and there are other ways to "beat" a warrant - it just depends on what's in there . . and sometimes more importantly what's not in there.

I am in Orange County - if you're looking to discuss this further for representation, let me know.

www.joedane.com/about

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9/26/09, 10:48 am
Terry A. Nelson Nelson & Lawless
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You'll get your answers about what and why they did things, but only when your attorney gets the discovery files in court at your arraignment. Once you have all the pleadings and police reports, then your attorney can determine if there are grounds for evidence suppression or other motions, or defenses to use in plea bargaining or trial. Without knowing all those factors, any opinion would be pure speculation. If you don't yet have counsel, and are serious about getting representation, feel free to contact me.

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9/27/09, 5:38 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz
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There is a lot of possible ways in which a warrant could be beaten. Contact a couple of experienced attorneys to see who might be right for you.

Jacek W. Lentz, Esq. 213.250.9200 www.lentzlawfirm.com

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9/28/09, 6:17 pm

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