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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 116737
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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For PaulMJD, Paul I just went online to the states online court

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For PaulMJD, Paul I just went online to the states online court records. I am finding things a little odd here. Since the officer stated his first attempt for an arrest warrant for a misdemeanor charge was denied, and then approved when he switched it to a felony charge. I pointed out to the defendants PD that the only two affidavits for the arrest warrants were exactly the same accept for the file date stamps on them. The officers dates he said he filed for the warrants match the dates stamped on these two affidavits, but one is not for the misdemeanor charge, they are both the same for the felony charge. Word for word. Now the same day the defendants attorney would have received this information about the affidavits, the online file of this case has been removed from the website. I find this a little bit odd. Any Ideas how I should go about finding out what is going on here?
Thank you for your new question.

I do not know what is going on here, except that if the misdemeanor warrant was denied it would not have been filed with the court. The approved affidavits for the warrant would be the ones filed and those are the affidavits you need to seek to be suppressed based on the deposition.

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Customer: replied 4 years ago.
But when we asked for everything in the discovery shouldn't we have gotten the affidavit for the warrant that was denied. The funny part is the dates the officer said he asked for the arrest warrants match the ones we have. They are both the same, word for word. have never seen any other affidavits for a theft charge. Never even really new there was a theft charge until I see it with the precursor charge under the counts 1 and 2. He said the judge approved the arrest warrant affidavit when he combined the two. But the arrest warrant she was arrested on doesn't mention anything about any theft. And the officer also states he never even saw or talked to the judge that approved it because he works nights. So someone during the day took it and got it approved. It makes no sense, he acts like he explained all this to the judge about combining the two, then states he never saw or talked to the judge or knows who did. I am thinking put the Judge that signed or approved the warrant on stand at the suppression hearing. What is your opinion on that move?
Thank you for your response.

The affidavit that was denied would only be provided if it was ever made part of the file. Sometimes those are not made a part of the file or are thrown out if they were not approved. It is common for an officer working night shift to send someone else to see the judge because all the judge needs is the affidavit and they do not have to talk to the officer generally, but if the affidavit is not properly notarized you can attack that affidavit as well. You cannot put the judge on the stand, that subpoena will be denied as judges are immune from subpoena for the performance of their duties. You would have to put the police on the stand to ask about what happened with the judge.
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