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

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.

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Answered on 5/22/13, 4:02 pm

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

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

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Answered on 5/22/13, 4:25 pm
James Goff James R. Goff, Attorney at Law

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.

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

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