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  1. #1
    Join Date
    Jul 2012
    Posts
    4

    Default Why Can't I See Probable Cause Affidavit

    My question involves criminal law for the state of: Oklahoma

    Last month the police executed a search warrant looking for child porn, electronics, recording devices, and etc. The reason is that a 17 year old falsely accused me of molesting them last year. Well finally after a few weeks of them having kicked my door in they called and said that I can pick up my stuff and that the DA isn't going to file charges due to a lack of evidence. Well my attorney came with me to pick up my stuff and wanted a receipt of things taken and the probable cause affidavit. The investigator said it was sealed and they called the judge and he refused to unseal or even give a copy to my attorney. The investigator allowed my attorney to compare the sheet of returned items with what was taken "unofficially" and we had everything returned.

    So if everything has been returned and they didn't keep anything then why are the still not willing to unseal at least the probable cause affidavit? According to the original detective they ordered it sealed due to my reputation in the community but that didn't help because the media got a hold of it and the police are investigating how it got out. Does anyone know why they wouldn't allow me access or my attorney?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,269

    Default Re: Why Can't I See Probable Cause Affidavit

    They likely do not want it to get out both to protect your privacy (even though that appears not to have worked) and also to protect that of the juvenile involved.

    You can pay your attorney to go to court and try to compel the release of the affidavit. There might also be a statutory time limit on the sealing of the affidavit, but your attorney should know how to address that. It might well be because it involves a juvenile and is not going to court, that there will be no release of the affidavit absent a court proceeding of some kind where it can be subpoenaed.
    A Nor Cal Cop Sergeant

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    And a croissant!"


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    Love mercy,
    Walk humbly with your God

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