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#1 RedJShip

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Posted 29 August 2010 - 08:26 PM

Id like to know what a leagal search warrant should look like. What makes it leagal and what makes it ill-leagal?  what makes police reports no good?


whats considered police herrassment ?



#2 pg1067

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Posted 30 August 2010 - 03:42 AM

RedJShip said...

Id like to know what a leagal search warrant should look like.

The form of a search warrant will vary widely from locality to locality.


RedJShip said...

What makes it leagal and what makes it ill-leagal?

The Fourth Amendment to the U.S. Constituion provides that "no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."  Any other restrictions depend on state law, and you didn't identify any state.


RedJShip said...

what makes police reports no good?

Depends on what "no good" means in the context of a police report.


RedJShip said...


whats considered police herrassment ?



Considered by whom?  I doubt any state has a law on "police harassment."



#3 RedJShip

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Posted 02 September 2010 - 06:50 AM

search warrant uniformed controlled substance . A confadential informate control buy .it said in report. I belive this is false I think it was hersay. how do I find out?


                      I need to find loop holes for my case to help me. my boyfriends house was raided and the report says diffrent from the on police gave us and the one the courts have. there was a safe and that wasn't mentioned in search warrant do the police have right to open it or do they have to get separate serach warrant for it?  How do I find out how reliable informate is?


need help with case in these charges.


1UPCS W INTENT


1ILL DRUG COND/PARA


1UMCS


3UPCS


1UPCS MARIJ


ANY ADVISE IS BETTER THEN NONE



#4 pg1067

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Posted 02 September 2010 - 08:06 AM

Note that the bullet point format of your follow up makes it difficult to read and understand.  For example, the very first "sentence" of your follow up "search warrant uniformed controlled substance.") is completely unintelligible.  Complete sentences that rougly follow the rules of English grammar are best.


RedJShip said...


I belive this is false I think it was hersay. how do I find out?



First of all, the truth or falsity of a witnesses statement on which a warrant is issued is only of tangential relevance.  The cops are entitled to rely on a witness unless the circumstances are such that no reasonable person would believe what the witness said.


Second, hearsay is a concept that has no application outside of the presentation of evidence in a court.  Additionally, many people erroneously think that hearsay simply something that someone says (i.e., testimonial evidence) that is not supported by physical evidence.  Not so.  Hearsay is evidence of an out-of-court statement, which evidence is offered to prove the truth of the statement made.  For example, in a car accident case, it may be relevant whether a particular driver had a red or green light, so the parties would want to offer testimony from witnesses who saw that the light was either red or green.  Such testimony is not hearsay.  However, if a party wanted a witness (W1) to testify that, in the commotion following the accident, W1 heard another witness (W2) say "wow...that guy ran a red light," that is hearsay.  W1 is not testifying about his own personal knowledge regarding the state of the light.  Rather, he is simply testifying about what W2 said was the state of the light.  All that said, it's perfectly legal for a warrant to be based on statements that would be inadmissible hearsay if those statements were offered in court.


RedJShip said...


I need to find loop holes for my case to help me.



That's your attorney's job.  Your job is to provide your attorney with every bit of information known to you so that he/she can do his/her job.


RedJShip said...


my boyfriends house was raided and the report says diffrent from the on police gave us and the one the courts have.



Then that's potential ammunition that your attorney can use to cross-examine the officers.  Note that the police report likely is not admissible.


RedJShip said...

there was a safe and that wasn't mentioned in search warrant do the police have right to open it or do they have to get separate serach warrant for it?

A search warrant allows the cops to search the premises identified in the warrant for the things mentioned in the warrant.  A suspect can't shield evidence from a search by concealing it in a safe or any other locked container.  As long as the things the cops were looking for could reasonably fit inside the safe, then it would be within the warrant for them to search inside the safe.  By contrast, if, for example, a particular warrant only authorized the cops to search for a dead body, that warrant would not allow the cops to look within a small desk drawer (even if it were unlocked), but it would allow them to look inside a locked freezer.


RedJShip said...

How do I find out how reliable informate is?

It's not likely relevant.  However, if the informant's tip resulted in the seizure of relevant evidence, then that tends to show that the informant was credible.




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