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Have a digital recording made by the police officer that greatly differs from statements officer made in probable cause affidavit.
Move the court to suppress the evidence that was seized as a result of the search, and use the digital recording to prove that the affidavit in support of the warrant was false.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
Sure. You should have the recording transcribed and present it as part of a motion to quash the subpoena
If you can prove that the officer lied in the affidavit for the search warrant your attorney can move to have any evidence seized suppressed as well as any evidence discovered as a result of the illegally seized evidence.
In your opinion,If proven,would the judge suppress?
If the lie(s) can be absolutely proven the judge will have no choice but to suppress. HOWEVER, if there is even the slightest possibility that the officer may be telling the truth do not expect to prevail.
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