In a criminal trial, the prosecution witheld a search warrant from the judge and jury, what can be done about that ? new trial?
Asked in South Yarmouth, MA - almost 2 years
there was a gps warrant obtained to track defendants vehicle. the battery dies, and then they get another warrant to track a cellphone. they talked about the gps, and showed all that.. but during the trial- prosecution failed to show or talk about the other search warrant, because it was..; pretty much illegal- they somehow got a warrant to track a cellphone that didnt even belong to the defendant. so they never talked about it, kept it hush. and then lied to the judge and jury- telling them that the way they found the defendants location was with the gps. but that was a lie- the battery died so they used the GPS. ---this is wrong right?? what do you think should be done, we are in the appeal process now. does that mean a new trial?
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Lowell Criminal Defense Attorney
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Did the defendant's lawyer file a motion to suppress the evidence before trial? If so, and if the judge had ruled this evidence to be inadmissible, then that would explain why the prosecution did not introduce it. The exclusionary rule would forbid them from doing so.
In any event, you must have an experienced criminal appeals attorney review the entire record of the case before any determination of what the most effective grounds for appeal would be can be made.
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