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Need advise regarding criminal case pleading re 4th

Amendment - motion to quash...
Need advise regarding criminal case pleading re 4th Amendment - motion to quash
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Answered in 11 hours by:
2/2/2018
WiseOwl58
WiseOwl58, Law Professor
Category: Criminal Law
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Customer reply replied 5 months ago
If one was illegally caught up in a narcotics sweep..happened to live at a different address than the search warrant & was seized while sitting with a cup of tea -house searched never even mirabdized and jailed on a number of counts. Coubts due to having ammo & a gun...used in the course of ones work as a Shepard. The DA has offered a plea taking it down to holding ammo misdemeanor with*****parole after attorney filed motion to quash warrant as it wasn't served on the right address or right person-basicalky 4th amend. What are most judges likely to rule in this kind of situation? DA knows was false arrest & imprisonment & county has been complicit in not turning over evidence to the defendants attorney etc. Testimony if Sheriff was shown to be false. Should one take the plea with a Nolo con.& expungement of record or hope Jusge upholds the motion to quash. Matter of principal..one is innocent of charges albeit the entire police& sheriffs knowingly presented false evidence. This is in a rural California county/superior court. Your advice please. Thank you

Under California law, no evidence is admissible here because they searched an address different from that listed on the search warrant. That makes this an illegal seach in violation of the 4th amendment of the uS Constitution and in violation of the California consititution.

None of the evidence gathered will be admissible, because it was done in an illegal way, in violation of the searh warrant.

Therefore the DA in your county will simply drop the case because they don't have enough evidence.

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WiseOwl58
WiseOwl58, Law Professor
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