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| Subject:
Search Warrant in Kansas
Category: Miscellaneous Asked by: megprmcci-ga List Price: $10.00 |
Posted:
02 Jan 2005 13:39 PST
Expires: 01 Feb 2005 13:39 PST Question ID: 450554 |
The search warrant had the wrong house number on it. It was the right house but the wrong house number. Not a big deal but the description of the house was also incorrect. The warrant described it as a two story house, when it is an A-Frame home. In the items to be seized they make mention that the items where taken from the loft not the second floor as a two story would have. Then the warrant said it was blue in color. The house is dark blue but has two white garage door and two white double front doors and white trim. The average person would not say it is blue in color. It goes on to read that it is located on then north side of ( X ) road. There is an East and West ( X ) road. This is my first question. Would this pass the 4TH Amendments requirement of "particularly describing the place"? Next the search warrant states that ?the following crimes have been committed: Possession and Possession of Paraphernalia.? Listed for items to be seized are computers, paperwork, firearms, cash, cameras, coins, and on. There was a small amount of contraband found (real small) and some Paraphernalia. Can the government come in and seize items that do not pertain to the crime described on a search warrant.? |
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| There is no answer at this time. |
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| Subject:
Re: Search Warrant in Kansas
From: tutuzdad-ga on 02 Jan 2005 14:50 PST |
Having been in law enforcement for more than 20 years, and working exclusively in the last few years in the area of evidence collection, I can tell you two things about your questions: Part #1 can only be answered with a guess. No one call predict for certain how a court would rule in any hypothetical situation. Not enough is known about the government's position to answer part #2. I suspect the authorities believe the items listed on the warrant ARE related to the case somehow, but they don't have to tell YOU unless (or until) your attorney (or you, if you are representing yourself) files a "motion for discovery" and the court orders them to. That too is, of course, only a guess. tutuzdad-ga |
| Subject:
Re: Search Warrant in Kansas
From: megprmcci-ga on 03 Jan 2005 02:49 PST |
Thank you for your response. Where do you find a court that would rule in favor of such a motion? How do these items relate to the crimes listed? You could not hide anything in these items. |
| Subject:
Re: Search Warrant in Kansas
From: tutuzdad-ga on 03 Jan 2005 10:35 PST |
Knowing even less about this case than you do, there's no way to know how the items relate to the case. That's something you will probably find out in the "discovery". As for the motion for discovery, most criminal courts will favor such a motion as this is a routine part of criminal procedure. You will likley find out all you want to know after discovery. Items not kept or used as evidence against you can often times be returned to you even prior to adjudication. I know, I have over 50,000 items of evidence in my custody right now and I do this every single day. Does this answer your question? regards; tutuzdad-ga |
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