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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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The trail is over and we are trying to get appeal, we ask

Customer Question

The trail is over and we are trying to get appeal, we ask for a copy of the search warrant, but they said the search warrant was sealed. can they really seal a search warrant and they never showed anybody the search warrant ??????***@******.***
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

If the District Attorney can show good cause the Affidavit, which is the statement they need to get a search warrant can be ordered sealed. Good cause is generally because they have a Confidential Informant named in the Affidavit they presented to the judge for the warrant.

Expert:  Samuel II replied 1 year ago.

Your attorney can Motion to have the court consider the unsealing.

Expert:  Samuel II replied 1 year ago.

Motions to unseal may be based on a variety of grounds including the First Amendment rights of access to judicial records, and a due process right to test the validity of the warrant. You will want to discuss this with your appellate attorney.

Expert:  Samuel II replied 1 year ago.

However, access may be denied if the District Attorney demonstrates that nondisclosure "is necessitated by a compelling government interest" as I noted the name of a confidential informant whose identify must be protected.

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