My house was raided and when i saw the search warrant it said i was in custody the day before the raid was ever executed. A friend works with the police said they didn't have a search warrant until after the search was over.
There must be recordings and affidavits to support the warrant before it is issued and when it is issued. It will be a process to challenge the warrant, but well worth it if you are correct. Get a lawyer ASAP.
A search warrant requires a judge to sign off on it and requires a sworn statement from the police that they believe that they have probable cause to believe that contraband is in the house. If the search warrant was signed only after the search, then anything seized is considered "fruit of the poisonous tree," meaning it cannot be used as evidence. Your attorney should be able to look into this. If this is indeed true, someone is facing some trouble.
My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state.
It is suspicious that they got the warrant after the search. If this is so, the warrant must be challenged as invalid. A motion to suppress based on a warrantless search must be done. Depending on the facts, I would simultaneously include a motion to dismiss the charges.
A warrant can be issued telephonically and recorded and then a written warrant issued dafter. But there had to be a warrant issued by a Judge prior to the raid. All this is documented either on recording or a paper. I would not put it passed the police to fudge the documents but it is not likely a Judge would do so. Have your attorney request all the discovery including any tapes. I once had a case where the affidavit contained plate numbers form vehicles seized in the raid (similar to your case). The Court suppressed the evidence on a "Franks" motion.
I certainly agree with all that my colleagues have said. The only thing that I would like to add is that their story will likely be different.
Michael L. Doyle
I have no way of knowing at this point whether the police actually did anything illegal, but based on my prior experiences with the Paterson police department, anything is possible. If the police really did engage in the conduct you describe, you need to consult an attorney experienced both in criminal law, and in bringing civil rights claims, which can be quite complicated. Please call or email me if you would like to set up a preliminary consultation at no charge.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline