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

Placerville, CA |
Filed under: Litigation

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

Posted

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 dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.

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Posted

So the judge that signed the warrant doesn't necessarily have to reside in the case once charges are filed by the DA? If I understand you correctly a criminal judge in our county could overturn a warrant another judge had signed, if my lawyer was to prove these cops lied multiple times on the affidavit & were basically going on guess police work trying to ferret out crime so they could confiscate my money,my home,my vehicles so they themselves (and the rest of department)profited off this. So if the magistrate then feels there is not probable cause for a search of my home he would overturn it & evidence is suppressed? I believe this is what my lawyer is trying to achieve but really does this happen very often? I'd like to believe a judge would have/use integrity but after something like this happens even though the cops went about it illegally am still being charged with multiple felony's so it seems the judge would put that into consideration also,even though its after the fact. I very much appreciate your time & i hope I didn't confuse you I just don't understand law completely but want to very badly. Thank you sir.

Posted

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 purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

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