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Illegal search and seizure

Bakersfield, CA |

If the police seized evidance withought a warrant .and the case gets dissmissed..could the case be refiled

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Attorney answers 2


It depends on whether the case was dismissed with prejudice or without prejudice. If it was dismissed with prejudice, then the case cannot be refiled; but, if it was dismissed without prejudice, the the case could be refiled.

Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.


Usually it's dismissed without prejudice so the DA has the option of refiling.

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