I agree that the search was most likely invalid but I see this risk. If a pigheaded prosecutor decides to proceed, and lucks out with a law and order judge, then the asker will lose the suppression hearing. If the evidence comes in she will lose the trial and have to appeal the evidence ruling. This will cost a ton of money. So, the point of maximum leverage is before the hearing. I think she should explore diversion and expungement as a graceful way out of this for both sides; that is assuming such is available in her jurisdiction. You have the experience- I am sure you can handle this for her successfully. Good luck to both of you.
Robert Pecco Baker Venice Constitutional Law Attorney
Posted over 13 years ago.
I agree that the search was most likely invalid but I see this risk. If a pigheaded prosecutor decides to proceed, and lucks out with a law and order judge, then the asker will lose the suppression hearing. If the evidence comes in she will lose the trial and have to appeal the evidence ruling. This will cost a ton of money. So, the point of maximum leverage is before the hearing. I think she should explore diversion and expungement as a graceful way out of this for both sides; that is assuming such is available in her jurisdiction. You have the experience- I am sure you can handle this for her successfully. Good luck to both of you.