Thanks for the great information. I'll give you a little more on my story. I was stopped outside my house by several detectives while walking the dog and told they had a warrant to search my house for cultivation of marijuana. I walked the detectives back to my house and let them in without them showing me the warrant since I wasn't cultivating marijuana and had no reason not to. I wasn't charged, and they found no evidence of cultivation.
At this point my end goal is to understand what information was used to get the search warrant, get a copy of that information, and see that there are no errors, like mistaken criminal history, or lies by detectives. The detectives made mention of my previous criminal history while in my house. I was confused by this because I have no history. I was not provided a copy of the warrant when I asked on the basis that I let them in without them "executing it" - detectives words. In a phone conversation after the incident the lead detective said the warrant was not returned because nothing was found and it wasn't executed. The lead detective also said that he could not give me any details as to what led them to me because of an ongoing investigation. He tried to give me some assurance that I was in the wrong place at the wrong time. I wasn't satisfied with that response.
Will I be able to request a copy of the warrant and or affidavit from the court even though it was supposedly "not executed or returned"?. It was still filed and issued, right?
If I am denied access to this information based on an ongoing investigation, but have reason to believe that there was an error or lie in the affidavit can I take legal action then get access to the affidavit through discovery?
I'm not looking for money with this. I just want to know what happened, and if someone lied, made a mistake, or profiled me, I want it recognized and fixed.
To clarify I am not claiming there was an illegal search, damages from the search, that I'm due time compensation, or concerned if what I did was considered consent.
My questions are about the process. If documents are retained in this scenario?, should they be available to me upon request?, and in the case they are not due to an investigation, how I could go about obtaining them? (sue for something dumb like 1$ cause they stepped on a flower?)
Until I have a copy of the affidavit I can't know if I have a "legal wrong" or was "injured from a legal standpoint". If I find evidence that a detective lied specifically about me, "I saw Mr.x do this". Would I have any case, even if it's only slander? Also, if I wasn't legally injured or entitled to sue, if I find evidence of anyone lying in an affidavit, that is illegal. I would pass this on to the local authorities to prosecute, correct?
Thanks for that clear response. Excellent service!!
I figured I would have zero recourse, though I still feel violated. Your last statement suggests what I suspect; the system is corrupt and broken by design.
On a separate note the initiative to "fight the war on drugs" is ridiculous. These detectives, judges, and DAs that even pursue this type of thing are a dying legacy of ignorance. People cultivating marijuana aren't hurting anyone, and neither are the people using it. Just because it's a law doesn't mean it should be the priority. Where is the crime? There are lots of REAL crimes in south Florida all the time. What a waste of detective’s resources, time, and my money especially because in this case they were WRONG and found NOTHING... dummies. Locking these people up and throwing away the key for stuff like this is the real crime. That's what turns non-violent criminals in to real criminals, destroys families, and contributes to the economic downfall of our nation. WAKE UP politicians.
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