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Can a Detective lie to a judge receive an affidavit to search?

Reno, NV |

I have recently come across information that a Detective on a criminal case lied to get a search warrant. He said under oath to a judge that he drove an informant around to identify my van and house. Which I now believe is a lie. I have been trying to get the movement card from the jail to prove this. I am unable to do this since I am not an attorney. I would also like to know what can be done in this case.

Attorney Answers 4

  1. If you are the defendant, in a case on which some evidence was obtained your attorney could challenge the validity of the warrant and any evidence associated with that search.

    Your post is missing the usual smattering of personal pronouns that give the reader some idea of your relationship to the event do its tough to assess whether you will have any chance to pursue your line of reasoning or even any right to the documents you seek is unclear.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.

  2. The defense counsel can file a motion to suppress if he can establish that the detective knowingly provided false information.

    The information presented here is for informational purposes only and does not constitute legal advice. The Goodman Law Group, P.C. recommends that you consult an attorney with experience in your specific legal issue. Please contact us to schedule a confidential discussion of your situation. Such communication does not create an attorney-client relationship of any kind until a formal engagement agreement is signed by both you and the Goodman Law Group, P.C.

  3. We like to think that our law enforcement officers would always be honest in each of their endeavors. However, experience tell us that this is not so. You need to get an attorney who will assert your rights.

    R. Jason de Groot, Esq.,

  4. A Detective lying to secure a search warrant is obviously serious. You need to address this issue with your counsel as soon as possible. Start gathering facts that prove that the Detective was not truthful. Seek an evidentiary hearing from the court so that a record can be made of the issue. Also, file a motion to suppress. Good luck.

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