Do not learn the elements of controlled buys and other legally intricate matters. It is not productive. Rely on an experienced criminal counsel who should fight for your freedom. It beats reading law books in a jail library after.
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Warrants are complicated matters with lots of nuance. As a general rule, a warrant must be supported by probable cause and describe the place to be searched and the persons (or things) to be seized with particularity.
Nothing in your post gives rise to a challenge about the validity of the will. STRONGLY recommend you hire a criminal defense attorney and after going over ALL the facts it may be that attorney can find something you CAN hang your hat on. Best of luck to you.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
Normally, the term "controlled buy" refers to a situation where an informant is searched before the buy, has no money, is given a set amount of money, enters the location, comes back, turns over what he has acquired and/or any money, and is then searched again. If he goes in without drugs, but comes out with drugs, that would show probable cause to believe drugs can be found at that location. It would not lose its status as a controlled buy if the informant steals something, or comes out with actual gifts, or spends less than anticipated. As long as he exits the location with something illegal he did not have when he went in, that would be enough for a search warrant for the location, provided that the search warrant is acquired in a timely way. If only 1 or 2 days have passed between the buy and the warrant, that is timely enough. A complex question arises when the period of time is longer, and different courts might reach different results.
Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
First warrants here in Snohomish County are approved on very thin evidence, often by affidavit given over the phone. If the warrant is otherwise valid, any evidence seized will be admissible, except in very rare situations such as the discovery the applying for the warrant intentionally misled the court issuing the warrant.
As for police reports leaving out critical information that could help your case, it happens all the time.
As for the first answer given by a lawyer from Chicago, I found it arrogant, condescending, and violation, in spirit, if not in fact, of Washington Rules of Professional conduct, as he is not licensed to practice law in Washington. If there was anything resembling advice I would consider filing a complaint. I believe one of the most important aspects of my job is to answer any question a client has, and demistify the criminal justice systemvas it operates here in Everett, Washington, where I live and have practiced criminal defense for 17 years.
I urge this gentleman to remove the post. It demeans the questioner and reflects badly on my local bar, and the profession as a whole.
As for the police reorts
I am licensed in Washington. I only practice law in this state. I limit my practice, and my answers on this site, to criminal matters in Washington state, and local questions from the courts north of Seattle where I practice. Any advice is provided for informational purposes, and does not form an attorney-client relationship. Any answers provided by lawyers not licensed to practice law in Washington, purporting to answer questions of Washington state law or the practice of the courts of this state, are probably either too general to be helpful, or unethical under Rules of Professional Conduct in this state. Please contact a local, experienced criminal defense lawyer practicing in the community where your question arises.
The CI is searched prior to the controlled buy and given marked money. The CI makes the buy after being searched for drugs and cash then purchases from the intended target. If, protocol is followed it is most likely valid. Any variance then it's shady and may be suppressed.