Proper procedure for search and seizure under WA state and federal criminal procedure laws, probable cause and search warrant

Asked about 6 years ago - Longview, WA

can the evidence produced by a warrented search, in which case the warrent the probable cause was the odor of marijuana, be suppressed in court?

Attorney answers (1)

  1. Jon Mitchell Jackson

    Contributor Level 14

    1

    Lawyer agrees

    Answered . DISCLAIMER- THIS IS NOT INTENDED TO AND DOES NOT CONSTITUTE LEGAL ADVICE AND DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP. CONSULT QUALIFIED LEGAL COUNSEL IN YOUR CITY OR STATE FOR IMMEDIATE LEGAL ADVICE.

    We practice law only in California and you should contact a local attorney in your city and state right away to protect your legal rights.

    Probable cause can be a tricky thing… especially in a State like California. Probable cause is a reasonable ground for belief in the existence of facts warranting the proceedings complained of (eg, probable cause to believe that a crime has been committed and that the person accused may have committed it).

    If PC was not present under the laws of your state, then yes, the item may be excluded from evidence at time of trial.

    You may want to contact your local lawyer association (bar association) and ask for their department or group of criminal defense lawyers who will help those persons who can not afford to hire a private attorney. Most bar associations have attorneys who volunteer to do this sort of thing.

    Also, you may want to do a search for an experienced criminal defense lawyer in your town or state. Go to the AVVO web site and look for an experienced lawyers in your area. You may also want to check www.martindale.com

    The above information is provided for discussion purposes only. Jackson & Wilson, Inc. and its attorneys believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

    Best Regards,

    Jon Mitchell "Mitch" Jackson
    Jackson & Wilson, Inc.
    An "AV" rated firm listed in Martindale-Hubbell's Bar Register of Preeminent Lawyers
    www.JacksonWilson.com

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

32,042 answers this week

3,381 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

32,042 answers this week

3,381 attorneys answering