There was supposedly a pod camera recording an individual standing outside with a handgun.. officers took flight chasing and found the handguns in a toilet covered in feces.. along with drugs and money.. 2 suspects are being charged one as armed habitual.. officer stated there were no drugs or money but video shows there were. There was no probable cause the officer stated they encountered one suspect a day before and gave him a contact card but no contact was ever proven.. he was believed to be impeached because the suspect had a warrant out for his arrest.. the guns were never tested for finger prints..
Changing the practice area from "Constitutional" to "Criminal Defense."
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This is the kind of question only a fully briefed lawyer can answer after reviewing in detail the discovery materials. That means each charged armed habitual (heavy caper) defendant needs to rely solely on the consult of his own lawyer and make decisions from there. On the bright side, SAO's often don't bargain on armed habituals so, if that is the case, there is no decision to make, you just try the case and maybe make some motions about the probable cause and the staleness of whatever p.c. they might have had at one time.
Only their attorney can answer this question. That attorney or attorneys will have all of the needed information in order to answer this question.
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