A police officer never filed any inventories with the return. Also, the officer searched the location for documents with an expired warrant, 15 days after the warrant expired.
This is a very interesting situation, but really more facts are needed for me to give you a complete answer. But I will try to give you some information anyway.
First of all, are you a criminal suspect or a defendant? Or are you just a bystander who had their location become the subject of this search warrant?
The reason I need to know this is because your ability to legally challenge the warrant (which we call "legal standing") and your remedy for the procedural issues that may be present, are both influenced by your position in this situation.
For example, if the police used a warrant that was stale (the limit is 10 days in Washington State), -AND- you are a criminal defendant, any evidence the police seized -MAY- be subject to exclusion or suppression by a criminal court in any criminal prosecution that may follow. On the other hand, if you are NOT a defendant or a suspect and there is no subsequent criminal case, your remedy may be to file a civil claim against the law enforcement agency and allow them to investigate the claim for before you can sue. In the latter situation, you would need some damages, such as damage to the door of your home, or damage to your furniture, or an actual loss from property taken by the police under the stale warrant, in order to recover any money relief. In extreme cases, invasion or privacy, gross negligence, or loss of liberty (i.e. civil rights violations) may also be possible to sue for.
With respect to the inventory requirement, the Washington procedures state that the law enforcement agency shall "give to the person from whom or from whose premises the property is taken a copy of the warrant and a receipt for the property taken." ... "The return shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person from whose possession or premises the property is taken, or in the presence of at least one person other than the officer." See CrR 2.3. (See question
ON FEB. 23 2014 I HAS A PAID SCHEDULE FLIGHT FOR MY WIFE AND I FROM ISRAEL TO JFK, NY. WHEN WE GOT TO THE AA COUNTER IN TEL AVIV WE WERE TOLD THAT OUR PAID TICKETS ARE NOT VALID WITH NO REASON AND THEY DID NOT LET US GET ON THE FLIGHT BACK HOME. O...
I'm curious to know if you paid with the first set of airline tickets using a VISA, MasterCard, AMEX or some other major credit card? Sometimes credit card companies will cancel big purchases made overseas if the purchase seems out of the ordinary. If the credit card company did this under their security agreement, then you may have no claim against the airline at all. Just something to think about.See question
I have every intention of hiring a DUI lawyer but in the 15 days after arraignment I had pretrial and didn't have enough money for a down payment for a lawyer and I was threatened with jail if I didn't hire one in the 7 day continuance. With weigh...
Usually judges may make some comments about what can happen if you do not hire a lawyer, but the legal reality is that you have the right to defend yourself and you even have the right to refuse to defend yourself. You cannot be jailed for refusing to hire a lawyer or refusing to mount any defense. As the other responder has said, if you cannot afford to hire counsel, consider making a public defender request. Usually most counties will allow people at the lower end of the scale who cannot fully qualify to pay a reduced rate, or a "street rate" to hire a lawyer.See question
Yes, you can fight this by going to the municipal court and asking for a contested infraction hearing. Keep your paid parking sticker and bring it to court and tell the judge what happened. In my experience, when you take the time to go to traffic court and actually hand up tangible proof to back up what you are saying, most judges will give you the benefit of the doubt. Sometimes this means they dismiss the ticket completely, sometimes it means you get the fine reduced.See question
This occurred in Lynnwood, WA, and the ticket did not state what violation was committed. I thought ALL tickets must state the infraction that you allegedly violated.
Yes, under the Infraction Rules used by traffic courts, all notices of infraction whether issued by a human or a computer, must contain a written notice of the actual infraction which the defendant is alleged to have committed and be listed with a statutory citation or ordinance number. The notice of infraction must also have the date, time, and place where the infraction occurred, the date the notice of infraction was issued, and the name and, if applicable, the number of the citing officer.
In your case, if the notice of infraction is missing the actual alleged offense, you should ask for a contested infraction hearing and move for dismissal of the ticket under these rules. Remember, you only have 15 days after the date you receive the ticket to request a contested hearing.See question
The person is being charged with assualt 2- strangulation, and unlawful imprisonment. For my false statement, I feel Bad and wish to know what i will be charged with for this.
It all depends on the mood of the case. A lot of times, victims get a free pass when then recant. Prosecutors listen to recantations all the time and in some domestic violence cases, they expect them. Sometimes prosecutors disbelieve recantations, but they may act to drop charges against a defendant any way. Usually a recanting victim will have no ramifications because prosecutors do not want to have a victim tagged with a perjury charge. Victims have a high percentage of becoming victims again and a perjury charge would potentially undermine the victim's participation in any future cases. Where the case is NOT a DV case, the preceding can be less true, especially when the motive of the victim was to lie about what happened and get the defendant in trouble. In either case, you need a qualified defense lawyer to assist you in recanting to properly ensure that you will not face any serious trouble.See question
Caught speeding ina 40 MPH zone. cop was driving oppsite side of teh road and said i was doining 60 MPH when my GPS was saying 47 ( maybe 50 highest) I had a passenger ( 31 years old ) and on teh ticket he wrote me for 195$ USD he checked off no ...
Yes, fight the ticket. This sounds fishy, perhaps like the radar or laser gun in the oncoming police car may have been not properly calibrated. But also know that your GPS will not be a 100% reliable "silver bullet" in beating the ticket. GPS can be off as far as a ground speed goes depending on a lot of technical factors. The witness in the car could be helpful if he/she actually saw your speedometer.
You may also consider hiring legal counsel to handle your ticket for you. When I handle these sort of things I use my knowledge and experience to look into the maintenance and calibration of the speed measuring device. Usually hiring a lawyer on a ticket like will cost you less than $250, and once hired, you do not need to attend court.See question
The officer pulled me over and issued me a ticket for failure to wear a seat belt, but I was wearing it, I always wear it! He tried real hard to convince me that I wasn't wearing it and went as far as telling me if I would only have agreed with hi...
Within 15 days of the date the office gave you that ticket, you need to return it to the clerk's office with box three on the back checked, so you can request a contested hearing. The clerk's office will set a hearing date and time. Your hearing date probably won;t be for a few months from now, so prepare for your hearing by writing down - RIGHT NOW - what happened so the recent events are recorded and fresh in your mind. Then go to the hearing and read off your version of events. Be sure to tell the judge that you are reading something that you prepared right after the incident. Give the judge all the details and speak with clarity and honesty. Fighting your ticket in this manner is all that an honest person can do. Far too often we as citizens back down when we should be fighting for our freedom.See question
I've heard there's no statute of limitations on a PV, but was curious. It was a failure to report after moving to AL over 13 years ago.
Under R.C.W. 10.88.415, a person wanted for a probation violation, can be extradited more easily between states than a person who has a warrant for a pending, non-adjudicated misdemeanor. Under law, where a person is wanted for a pending crime and is found to be outside of the state, the Governor of Washington must sign a warrant and send it to the Governor of the state where the person is being held. It is correct, that when it comes to the process of extradition, the most typical subject matter involves a felony charge, but nothing in the law denies the state to extradite people wanted on misdemeanor warrants.See question
She got into a crash that didn't involve any other person or property, fell asleep at the wheel and rolled her Car, the investigating officer found a pipe and two dif bags containing small amounts of meth, all was Under a gram total, she has no ...
Your wife needs to speak with a local attorney as soon as possible. The Whatcom County Prosecutor's Office usually takes a very aggressive stance on any methamphetamine possession cases and it's unfortunately pretty likely in my opinion, that she could be facing felony charges for this situation.
Most of the time, hiring a defense attorney before charges are actually filed, can help to reduce the charges or even avoid them entirely. She will want a defense lawyer on the reckless driving charge anyway, since our local prosecutors will probably seek jail time for that offense.
Once again, I recommend speaking to a local attorney who is familiar with the Whatcom Superior Court.
Feel free to call my office here in Bellingham for this assistance.See question