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A search warrant was served in my home for my son's tools a…

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A search warrant was...

A search warrant was served in my home for my son's tools a few months back. I did not read the officer's affidavit to the judge before the search because I knew what they were after. However, after it was retrieved, I found the trooper LIED, very directly, in his affidavit. What can I do. I know he lied, because he lied about the two sentences I said to him, as my son was already in jail.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

It is PA. The date was 6/24/17.....11 days after the arrest, and 14 days after they knew the tools were here

Lawyer's Assistant: Have you talked to a lawyer yet?

He has an attorney, yes. But we have no discovery.It is a high profile case. I am more concerned with my legal rights that a state trooper...two in fact, are allowed to lie.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, I just want to know if I have any rights

Submitted: 9 months ago.Category: Legal
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Answered in 18 minutes by:
11/16/2017
Lawyer: Zoey, JD, Attorney replied 9 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,878
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 9 months ago

You have no standing in your son's case. That is, he's the defendant and the one with the rights.

That said, you need to tell his lawyer what you saw in the affidavit. As the case progresses your son would be able to challenge the probable cause for the arrest and the search and seizure, at a special hearing designed to explore whether the police officers exceeded their Constitutional argument. If he got the warrant on the basis of a deliberate lie, as opposed to a mistake or a faulty recollection, the evidence recovered in the search could be suppressed.

At such a hearing the state will call the police officer and he would testify to all aspects related to the search and the defense would then get a chance to try to bring out evidence on cross-examination to show that the officer had lied. The judge determines the Constitutionality of the search from the evidence before him.

The US Supreme Court has said that this is the way search and seizure issues must be examined, because rulings as to what or what isn't Constitutional must be made on a case by case basis.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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