Drug Crimes, Substance Abuse Warrant

[barryj]

Jurisdiction

North Carolina

If a search warrant was issued because a CI said they saw something in the past week(which would be 7 days) and there is proof that the person was not at the location within those 7 days would that make the warrant invalid? The CI may have been at the location but was not within those 7 days. The warrant was for drugs which led to a bigger case.

 

[army judge]

If a search warrant was issued because a CI said they saw something in the past week(which would be 7 days) and there is proof that the person was not at the location within those 7 days would that make the warrant invalid? The CI may have been at the location but was not within those 7 days. The warrant was for drugs which led to a bigger case.

If what you suggest is true, you should discuss it with your lawyer.
The matter can only be litigated in court.
There are many things you don't know, so you might want to just look, listen, and learn.
While you wait, discuss your case ONLY with your lawyer.
In many of these sting operations, there are often multiple informants.

 

[CdwJava]

It is highly unlikely that the police obtained a search warrant based upon a single report from a single informant. I know *I* would not want to go before a judge with such slim evidence.

As AJ suggested, it is very likely that the police had more than that one informant to base their affidavit on.

 

[barryj]

All information(discovery) is already in on the case. They say it was one CI. One report. With that being said, the defendant could still prove no other person was there....

 

[CdwJava]

Then work with your attorney and hope that your "proof" is better than theirs and that the information might be sufficient to get the warrant suppressed.

Oh, and to prevent this from happening again, perhaps you might consider getting clean.

 

[army judge]

All information(discovery) is already in on the case. They say it was one CI. One report. With that being said, the defendant could still prove no other person was there....

Let's stipulate that the defendant was alone, as in no other living human being was with him or her.
However, the police are very adept and clever.
They rely on the use of electronic devices to gather information.
The CI could have installed, or simply dropped such a device.
I have seen cases that involved the DEA, FBI, ATF, etc... where they obtain warrants to enter hmes and offices of suspects to plant various and sundry devices while the suspect is absent.
As CdwJava says, the police rarely use one informant.
There are things you won't know until trial, discovery aside.