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  1. #27
    Join Date
    Jul 2010
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    Default Re: Enough Probable Cause for Search Warrant

    Quote Quoting Frozen Tundra
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    Of course not. but in my case other evidence is a 16 month old anonymous tip. and a garbage pull that is 16 months old and electrical usage?
    So those are months/years and not months/dates? That would have been useful information to have. That does make the argument a little bit more in your favor if that truly is everything they did in the investigation. The issue, as has been pointed out, is that there may have been more than just what is in the affidavit presented to secure the warrant. I'm guessing the cops didn't just sit on their hands for a year but I guess it's possible. Just because there is no written statement in evidence doesn't mean verbal statements weren't made. Has your attorney sought discovery of any transcripts that might exist from the warrant proceeding, assuming it wasn't an informal one?

    Quote Quoting Frozen Tundra
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    weak. we are talking about constitution here.
    Yes but the courts set the limits on what violates the Constitution and PC can be absurdly easy to reach.

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