Arrest, Search, Seizure, Warrant Illegal search ?

[Skyedancer]

I am helping a friend who believes the search and seizure carried out at his brothers house ( erroneously believed to be his as well). To begin with he doesnt even live on the premises and the confiscated items were his brothers and the brother is willing to testify to this fact ( the brother is already serving time for the charges from this search and seizure.
Anyway ...the basis for "probable cause" was the fact ( again erroneous) that his brother was on probation but had in fact finished the probation a few weeks prior ro the search. Obviously the information was obtained quite a bit prior to the actual search ...
Is there a time limit here on how recent the obtained information used for the basis of the "probable cause" ?
I will add that there was the sworn testimony of an undisclosed snitch and as well there was incriminating evidence to support his testimony ... found in the residence ( his brothers) In trying to research this situation I read somewhere that if there is enough supporting evidence to support the alleged crime ... that the illegal search can be over looked to protect the public ... Does anyone know if this is true ?
Another issue i want to bring up was the fact that when his brothers Mother asked the police to produce a search warrant they stated " We dont have to have a warrant" and when she complained she stated an officer went out to his patrol car and hand wrote out the 4 page warrant that ?? had a judges signature on it ?? and was not stamped or filed. ( Is this usual protocol/ due process ? ) At a later date when he went to court house to get a copy of the warrant He was given this time a 3 page warrant that was typed and was missing the page with a judges signature on it and as well the judges signature on that warrant recieved at time of the search did not appear to match another document with the same judges signature.
I would appreciate any and all comments from legal persons as well as personal experiences of any others. Having no experience in drug charges I know little of the guidelines/ governing laws and/or the due process in their attempts to gain evidenceI am not sure of the exact nature of the due process related to search and seizures in a case like this or if these types of discrepencies/errors can be considered a basis of fighting the legality of the search ... or are we wasting time and energy ... ?
In case you are wondering why a lawyer isnt answering these questions for him... he was appointed an alternate public defender whom he does not feel is defending him in a proper manner and wont even consult with him over his concerns so he is transfering to a personal attorney as quickly as funds will permit.

Thank you in advance for any input ...
Peace out... Skyedancer
~ Stand for something or you'll fall for anything ~

 

[cmlzip]

Okay, well they don't have the police do have the right to search this guy's brother's house if is know that your husband still resides there. But they must have a search warrant to do so, nonetheless with a judge's signature on it. If fact, this is the first thing they should tell you upon entering the house...."We have a search warrant and here is your copy". Now if your husband doesn't live with his brother but someone told the police about drugs being in the house then the police still have the right to search but NOT without a warrant and they MUST produce to warrant to you at that time. Now the only other circumstance I can fathom is perhaps if the brother was the actual informant or snitch and he allowed the search to take place. If he consented to the search without your knowledge, then the police have every right. Did the brother get arrested? If you are telling the whole story here, I'd press this thing to the full extent that you can but first check the brother's story out or the husband for that matter. Just seems a little funny that the brother all of a sudden gets off of probation and then they search the house without a proper warrant . You understand that this does not happen very often?

 

[Skyedancer]

Okay, well they don't have the police do have the right to search this guy's brother's house if is know that your husband still resides there.

He isnt my husband ...we just have a mutual friend that said maybe i could access the internet to help gather some information... He lives two counties away from his brothers house but has been known to stay there at times.

But they must have a search warrant to do so, nonetheless with a judge's signature on it. If fact, this is the first thing they should tell you upon entering the house...."We have a search warrant and here is your copy". Now if your husband doesn't live with his brother but someone told the police about drugs being in the house then the police still have the right to search but NOT without a warrant and they MUST produce to warrant to you at that time. Now the only other circumstance I can fathom is perhaps if the brother was the actual informant or snitch and he allowed the search to take place.

Hmmm ... never looked at it from that angle ... they just don't seem the type to turn on family. .. but i did find it odd that his sentence was under a year and he does have priors and from reading the reciept there wasn't just drugs , scale and money but components as well ... and the affadavit stated that the snitch was doing this in return for a shorter sentence on a pending case. While I still am hard put to imagine the brother was the snitch ... anything is possible. Heh don't know if i want to even hint at this possibility to him

If he consented to the search without your knowledge, then the police have every right. Did the brother get arrested? If you are telling the whole story here,

I am telling you as much of the circumstances that were made privy to me and from going over their paperwork ... The brother in question here goes to court tomorrow to plea ...and hopefully to retain an attorney that might actually apply himself in his defense ...

I'd press this thing to the full extent that you can but first check the brother's story out or the husband for that matter. Just seems a little funny that the brother all of a sudden gets off of probation and then they search the house without a proper warrant .

I think it was a case of ... they were preparing ahead of time and when they did do the check he probably WAS on probation ... but finished it 2 weeks before the actual raid ... and did not check again to see if the status had changed. As far as i know... that might be considered legit since it was to the best of the officers knowledge to be the case ...

You understand that this does not happen very often?

I'm sure it doesnt ... seems they would want to do everything in their power to make sure it could stick ... but as well... possible the fact that both of the brothers have priors for drug and gun charges ... and they did have a "reputable snitch's" statement ... might have given them what they felt to be an edge of some sort... I really do not know ...which is why I came here ... and I would like to at this time thank you for taking the time to respond ...

peace out ...Skyedancer

~If you're walking on thin ice... you may as well dance ~