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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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if the police get an anonamous tip you do drugs, then ...

Resolved Question:

if the police get an anonamous tip you do drugs, then search your trash and find a baggie with coke residue on it, but fail to tell the judge that the tip is anonomous, and the baggie has never been seen by anyone but the cop who got the warrant, and now doesnt exist anymore, was never put into evidence is that a good search?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear peanut

A search warrant is not needed for trash that has been put out to the curb - it is considered discarded property. Therefore, in the affidavit for the Search Warrant of your home there would be probably cause - the law agency would have had to make reference to a tip by an annonymous and RELIABLE source - sometimes they refer to them as a CONFIDENTIAL INFORMANT - "CI-1" or "CI-2" and then they would use the baggie as support for the allegation - judges scrtuinze the affidavits to make sure they are legit and valid and do not infringe on due process before issuing them. They do not hand out search warrants like candy. There would have been supportive evidence in the affidavit -

If the baggie taken from the trash is the only thing in the affidavit supporting the search - which I doubt - then it is possible to have the charge dismissed because that evidence does not exist any further - Also, that baggie would need to have a statement for "chain of custody" showing that it came from your trash to the police to the analysis who confirmed it was cocaine or other illegal substance.

Your attorney can request a copy of the affidavit via a discovery process to see what was stated that prompted the issuance of the S and S warrant. If the baggie is the onlhy thing then the attorney might want to proceed with a dismissal based on lack of probable cause.

Best to you in this matter,

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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