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In CA can undercover sheriff legally drive down a marked private road to the end where my house is to fabricate a affidavit?

Placerville, CA |

They came with a search warrant they had got by multiple lies. They drove down my private road twice once they say with a PG&E specialist that said he confirmned a clamp on bypass at the transformer. Witch wasn't true they never found one there was never one there. The second time they drove up to take pictures for the warrant. They didn't take any of their fabricated" bypass" though. They also stated to the magistrate that I had been convicted of 3 felony's in the past twice for cultivation & once for marijiunia sales & served time both times witch is escalating probable cause because I've only been charged & convicted of 1 felony cultivation & it was almost 15 years previous. Can they get away with this? Now I'm in court & can't go to the box because once they were here I'm guilty

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Attorney answers 5

Best Answer
Posted

The police can only view what is visible to the naked eye. Undoubtedly, this Affidavit for Search Warrant can be traversed and quashed. If what you are saying is factual, then absolutely you can fight this case.

Seth Weinstein, Esq.
Practicing throughout Southern California
(310) 707-7131
www.sethweinsteinlaw.com

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

Asker

Posted

Thank you sir you give me hope. I realize your down in SOuthern Cal & I'm up near south Lake Tahoe but would you be willing to talk with me either by email or phone about all the facts of my case & give your opinion how I should go about dealing with this. Or possibly traveling up hear to get this warrant quashed? I currently am charged with 9 felony's all steaming around marijuunia that I've had a 215 recommendation for the past 13 years with very valid medical issues. I believe the reason they lied on every part of the affidavit was to be able to come into my home to take my monies,vehicles & home. I know the department keeps all this as incentive to bust legal medical patients. They completely lied on the affidavit & also in the report saying I had 10x as much medicine(using leaf that was in a trash bag) & saying I had 5x the amount of plants. Thank you for your time. It's a small county & I made the mistake of hiring a local well known attorney that doesn't seem to be putting his best foot forward wanting me to take their first deal of them dropping 7 felony's & I plea guilty to 2 and do 1 year with 1/2 time. Let me add the 7 felony's there willing to drop are pretty serious & they don't do that in this county.

Seth Andrew Weinstein

Seth Andrew Weinstein

Posted

Absolutely you can give me a call. My phone number is below. Seth Weinstein, Esq. Practicing throughout Southern California (310) 707-7131 www.sethweinsteinlaw.com

Posted

You will undoubtedly receive answers from some of the outstanding attorneys licensed in CA who participate here. I've jumped in to say the following. Although it certainly is not clear from what you have posted, it appears to me that you may not yet have counsel representing you. What you describe raises all kinds of questions in my mind about the validity of the search warrant, but it will require an experienced criminal attorney to develop those issues. I highly recommend that you reach out to one or more of the CA attorneys who respond to your question to arrange a private conversation about your situation. Most of the lawyers here offer free, if limited, consultations. Take advantage of that to talk with one or more. They can "get away with this" if you do not have a good attorney there to prevent them from getting away with it. Good luck.

Asker

Posted

Thank you for your professional opinion & support. I will do exactly what you suggested & talk with multiple CA attorneys. I do have legal counsel & my fiancé also but they are local brothers in the county & it seems they just want us to take their first deal. They have to work with this DA & Judge daily so if they contest & make DA mad it makes their job harder everyday. This is my personal opinion of whats going on. Not even a preliminary hearing yet. The DA has offered to drop 9 felony's if I take the other 2. 1 year with 1/2 time. I tell my lawyer the DA knows they have nothing,he replys ill have to look over your file again. A Joke. There isn't one statement on the whole affidavit that isn't false,escalating probable cause or plain "Stale". Thank you for your time sir.

William A. Jones Jr.

William A. Jones Jr.

Posted

You are most welcome. The concerns you have about the attorneys that you currently have is common among defendants in your situation. (what I assume is a small community--I don't know CA geography). You might want to focus on lawyers from a larger population area not too distant from you, that is a lawyer who is less likely subject to subtle or not so subtle pressure to get along. Again good luck. It appears from what you say there are strong suppression issues regarding the legitimacy of the search warrant. Make sure any attorney you consider has strong experience in drug defense; he or she will have the skills necessary to develop those issues.

Posted

In order to fully address your question, I would need to review the terms of the search warrant. It is unclear whether the warrant was civil or criminal. Civil inspection warrants by statute cannot be executed with forcible entry. If you objected to the entry (even with a warrant) a new warrant must be issued that allows for forcible entry.
In addition, civil inspection warrants require 24 hours notice to the property owner. You could have a Constitutional property rights or state statute violation.

Asker

Posted

It was a criminal search warrant I believe. County sheriff & all his buddies.

Posted

clamp on the transformer (up the pole) or clamp/bypass around the meter?

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

Asker

Posted

PG&E worker said he seen a clamp on bypass at the transformer. Up the pole. I guess. He also said that only my home was being serviced by this transformer but actually there are 3 homes off this transformer. While serving the warrant they did find a bypass that was made when the property was a rental this was located In between the meter & the roof jack hidden in the wall. Thank you for your time

Curtis Lamar Harrington Jr

Curtis Lamar Harrington Jr

Posted

Strange. Bypassing the transformer would seem only to affect a power factor (lead-lag of voltage with respect to current). The bypass of the meter hidden in the wall is a problem should a search warrant be obtained as it indicates premeditated theft. The fact that others may have lived there before you provides you with some (statistical) indicia of a "not me" defense. If a search is performed, and if the "hidden" wall jack can be seen as obvious from the inside, or accessible by you from the inside, it will be a problem. I am assuming that a meter bypass would not necessarily be "on" all the time or else a zero electricity use would occur (and be suspicious), and would not be "off" all the time or what is the point of a bypass. So, if there is an operable meter bypass, even if you have never used it and don't know how to use it, its discovered existence is damning and could be used to help convict you. Its probably dangerous as well as it puts current outside the conduit through what may be smaller conductors which may heat up and cause a fire.

Posted

Police don't mind lying to get warrants. Check this video out: http://www.youtube.com/watch?v=EHmP_KtmcB4 or the kopbusters.com website.