Illegal search and seizure

Asked over 1 year ago - Bakersfield, CA

If the police seized evidance withought a warrant .and the case gets dissmissed..could the case be refiled

Attorney answers (2)

  1. Malosack Berjis

    Contributor Level 20


    Lawyers agree

    Answered . It depends on whether the case was dismissed with prejudice or without prejudice. If it was dismissed with prejudice, then the case cannot be refiled; but, if it was dismissed without prejudice, the the case could be refiled.

    Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and... more
  2. Stephen Scott Pearcy

    Contributor Level 12


    Lawyer agrees


    Answered . Usually it's dismissed without prejudice so the DA has the option of refiling.

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