Arrest, Search, Seizure, Warrant Search Affidavit

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Mslegality

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The Affiant of the search warrant affidavit states that he received information from an informant about a person selling an illegal substance from their home. The informant he states is proven reliable. He states he conducted a background search which stated that this person was arrested 3x previously. However, he does not inform the court that these arrest had nothing to do with any narcotics and in fact he could not find any information to support the informants claim. He then states he drove the informant to the location and the informant pointed out the house where he knew this person to be selling from. The Affiant then states he saw the address numbers painted on the curb in front of the location. This is not true the numbers are not painted on the curb, in fact the numbers of the address are not anywhere on the curb, mailbox, house, or garage. So how did he see something that was not there? In addition the Affiant states that the informant was will to do a controlled buy and he kept him under surveillance while he entered the garage and returned 2 minutes later with an item known to be narcotics, handed it to the affiant and the affiant states that "they" stated it was purchased from this person. Who are they? "They" confirmed the purchase was from this person. In addition the search warrant states that the location to be searched is described as.............the second house south of ..........on .........street with the numbers painted on the curb in front of the location. The location searched was the first not second house located south of .........on.........street and the numbers are not painted on the curb or anywhere.

The question is that based on the above, The affiant had to have surveilled the one or two informants into the second garage not the first, so is this not adequate grounds for a suppression under Hervey v. Estes, U.S. v. Leon and the 4th Amendment? Good Faith exception should not apply here right?

All help is appreciated.

Msprelegality
 
If that's your only shot, then hire an attorney and go for it.

If the suppression motion fails, do you have any other options or will it be time to plead?

Out of curiosity, what did they find during the search?

- Carl
 
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