In Ca does the original judge that signed a warrant have to be the judge when filing a motion to quash & traverse?

Asked over 1 year ago - Placerville, CA

I have a criminal matter that involves a really poor affidavit on the officers part. The judge they had sign their warrant is a family law judge. Now I'm contesting the validity of the warrant but in a whole different court house with the criminal judge. Can this judge overturn a warrant after we prove everything on the affidavit was lies or guess police work or does the criminal judge just take off the lies we could prove & then the affidavit goes back to the original judge to see if there is still probable cause in his eyes?

Attorney answers (2)

  1. Joseph Briscoe Dane


    Contributor Level 20


    Lawyers agree


    Answered . If I'm understanding your question correctly, your motion to quash the search warrant will be heard in one hearing in front of one judge. If there are material misrepresentations or omissions, that judge can excise those portions - if probable cause still exists, the warrant survives. If the judge feels that there is insufficient probable cause after portions are removed, they can rule the search warrant invalid and exclude the evidence gathered as a result.

    The above answer is for general information only and is based on the information you posted. Every case is fact... more
  2. Michael T Millar


    Contributor Level 19


    Lawyer agrees

    Answered . Mr. Dane gives a well reasoned response.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more
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