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Out of County Case Results in Search Warrant

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  • 03-11-2009, 10:44 AM
    fochoa81
    Out of County Case Results in Search Warrant
    Jholden,
    Do what you believe is right. The user CDJAVA is a cop and will disagree with everything. I had a case of possession of controlled substance while armed with a firearm and i thought it may have been an illegal search.Well the great advice he (CDJAVA) gave me was see below:
    NOTEMy Case has now been dissmissed thanks to good judgement & not lousy advice.
  • 03-11-2009, 10:54 AM
    cdwjava
    Re: Unlawful Information Search
    Quote:

    Quoting fochoa81
    View Post
    Jholden,
    Do what you believe is right. The user CDJAVA is a cop and will disagree with everything. I had a case of possession of controlled substance while armed with a firearm and i thought it may have been an illegal search.Well the great advice he (CDJAVA) gave me was see below:
    NOTEMy Case has now been dissmissed thanks to good judgement & not lousy advice.

    Well good for you. But, I stand by what I posted. I don't see where I ever posted anything incorrect or errant ... do you?

    A case can be dismissed or not prosecuted for a host of reasons (note that a judge dismisses a case, if a judge did not dismiss the matter, it was not dismissed, it was merely not prosecuted by the DA ... dismissals are very rare unless as a result of a bad search or, occasionally, a lack of probable cause for an arrest and subsequent incriminating statement or discovery.)

    There is no way to account for every detail in a case when it is posted to a web forum and commentary here should never be taken in any way as legal advice - that is something everyone needs to take up with an attorney.

    Hopefully you have changed your circle of friends and have stopped using dope. I'm skeptical but ever optimistic.

    - Carl
  • 05-01-2009, 04:22 AM
    fochoa81
    Out of County Case Results in Search Warrant
    California. I had a pending out of county case for Possesion of controlled substance with a firearm two felonies. After fighting this case for over a year the D.A. decides to dismiss these two charges.
    Well during the time I was going to court, local police decide to get a search warrant based on the out of county case. The search warrant listed "Meth" also "Firearms", nothing was found at my residence. My question is " Am I innocent until proven guilty or in other words can they obtain a search warrant based on my pending allegations?
  • 05-01-2009, 10:58 AM
    cdwjava
    Re: Out of County Case Results in Search Warrant. California
    Quote:

    Quoting fochoa81
    View Post
    California. I had a pending out of county case for Possesion of controlled substance with a firearm two felonies. After fighting this case for over a year the D.A. decides to dismiss these two charges.
    Well during the time I was going to court, local police decide to get a search warrant based on the out of county case. The search warrant listed "Meth" also "Firearms", nothing was found at my residence. My question is " Am I innocent until proven guilty or in other words can they obtain a search warrant based on my pending allegations?

    The pending charges CAN be used as part of the probable cause to support a search warrant, yes. Apparently they had sufficient probable cause to convince a judge to sign off on the warrant. Unless they lied on the affidavit or the judge committed some grievous error, the search warrant will likely stand.

    - Carl
  • 05-01-2009, 11:31 AM
    fochoa81
    Re: Out of County Case Results in Search Warrant. California
    How can they get a search warrant if I am INNOCENT until proven guilty? How is that probable cause if I am innocent?
  • 05-01-2009, 11:36 AM
    cdwjava
    Re: Out of County Case Results in Search Warrant. California
    Quote:

    Quoting fochoa81
    View Post
    How can they get a search warrant if I am INNOCENT until proven guilty? How is that probable cause if I am innocent?

    A search warrant does not require you to be guilty, it only requires an articulation of probable cause to believe that evidence of a specific offense exists in the place or places to be searched.

    - Carl
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