Legal Question in Criminal Law in California

If u were arrested for possesion of a controlled substance but it was found to be an illegal search and sesure can they still use that against u


Asked on 2/15/12, 8:30 am

4 Answers from Attorneys

Glen Fleetwood Mister DUI-800-468-2-502

What does it men "still use it against u?". In a recipe? Help us help you, explain your question so that someone who knows nothing about your case can get enough info to answer.

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Answered on 2/15/12, 8:32 am

Your question is more complicated than you give it credit for. First, what do you mean by it was found to be illegal? Did a judge make a ruling that the search was illegal? Was it just a determination by the law enforcement agency? Are you just hoping it was illegal?

Second, what do you mean use against you? At trial? At a probation or parole hearing? In a civil law suit?

Far more information is needed before an attempt can be made to answer this.

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Answered on 2/15/12, 9:05 am
Anthony Roach Law Office of Anthony A. Roach

A judge makes a determination that a search and seizure was unlawful during a motion to suppress. If successful, the evidence is suppressed, meaning the prosecutor cannot use it as evidence.

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Answered on 2/20/12, 3:38 pm


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