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Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Criminal Law
Satisfied Customers: 41220
Experience:  I provide general practice and mediation & arbitration services to my clients.
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Good faith is not applicable if the testimony given by

Customer Question

Good faith is not applicable if the testimony given by (agent of landlord) is used as info to obtain a search warrant if the info was obtained in an earlier illegal search. And it was me, (the defendant) whose Forth amendment rights were violated.... What
ya think?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

My name is ***** ***** I am a criminal lawyer. Can you put your question into context so that I can understand your circumstances and answer this question?

Customer: replied 1 year ago.
I rent a home from my aunt. Her son, my first cousin waited until I went to work, entered my house and found evidence of my using of drugs. He is a big business guy in our rural county. He talks to law enforcement and they get a search warrant. That very day when I returned from work the law was there in force. Had the driveway blocked so I could not enter.. Arrested me and wanted to know where the meth lab was. Only there was no lab and had never been a lab. My question is... Without any prior notice can the son of my landlord enter my home, and can a warrant be lawfully served on his word alone
Customer: replied 1 year ago.
36
Thank you for your insight.. The only other thing is this. They cooked up a story that I had threatened suicide a year prior and while investigating this I was arrested for possession of controlled substance. So they say... That never happened to me. But about a year ago a fellow five houses down the same street as mine did in fact call a suicide hotline and law enforcement arrested him for possession. Do they not have to research these matters at all? What are my chances of getting a paraphernalia charge and a possession charge at least lowered if not thrown out completely? I had a pipe. But they claim they found meth in the house. If so I didn't know it was there. Tiny amount.. I'm not even sure how much. Supposed to find that out soon.
Customer: replied 1 year ago.
Thanks again.. As far as the judge, I've already been to a inpatient rehab facility and completed. Another sixty hours of outpatient therapy just as he wished. All prior to any conviction. The judge even jokingly asked the arresting officer if I was the right guy. I wasn't a heavy user at all. Never got "all methed out". But a little is just as bad as a lot. He even said at my first appearance that if I straightened up I'd be "surprised at what can just go away". I hope so.
One more thing.. I was told by a friend who was in law enforcement that his going to the law with this story of labs and drugs.. That he would not be considered a credible witness just walking in off the street. Your thoughts on that and I'll leave you alone. Haha.. Thanks Ben M.
Expert:  Zoey_ JD replied 1 year ago.

Thanks. I didn't realize that this was a follow up for an attorney that you are already working with. I will opt out and when that attorney returns he can take up where he left off.

Expert:  Dimitry Esquire replied 1 year ago.

Hi and thank you for your post. I appreciate you requesting me to assist you again.

There is a bit of a misconception here. A search is possible if the information obtained was reasonably thought to be accurate and valid, and the police fairly and reasonably conducted a background review of the person so testifying for them. That is really key--if he simply introduced himself as someone next door, it is likely not enough, but if he claimed to be a roommate, tenant, or agent of landlord so therefore would have proper access to premises, the police could use that to obtain a warrant.

Sincerely,

Dimitry, Esq.

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