Summary
In California, an IP address alone is generally insufficient for probable cause in obtaining a search warrant. Additional corroborating evidence is typically required. If a search warrant is based solely on an IP address, it may be challenged through a motion to suppress. Procedural errors, such as a defendants absence during hearings or ineffective legal representation, can also be grounds for challenging the validity of a warrant. Consulting with a criminal defense attorney is crucial for navigating these legal complexities. The Stanislaus County Bar Association can assist in finding pro bono legal representation.Full Conversation
Looking for a pro bono criminal defense attorney in modesto ca
Stanislaus County Bar Association
Phone: (*) *-*
Address: * I Street, Suite *, Modesto, CA *
Website: www.stanislausbar.com****, you can contact the Stanislaus County Bar Association for information on pro bono criminal defense attorneys in Modesto. They should be able to guide you further. Is there any specific detail about your case you’d like to share?
a friend is fighting a case against him where a search warrant was obtained using a tip on his IP address and they named a specific person to be searched and that person never lived at that address but during the search they found in a area not in Plainview some items such as a gun and small amount of meth and pepper spray so they issued a warrant for someone un named on their search warrant and arrested home for such items found during the search warrant for the person who didn't live there
The situation you've described raises significant legal concerns, particularly around the validity of the search warrant and the subsequent search and seizure. Here are some key points to consider:
- Fourth Amendment: Protects against unreasonable searches and seizures.
- Search Warrant Validity: The warrant must be specific and based on probable cause.
- Exclusionary Rule: Illegally obtained evidence may be inadmissible in court.
Has your friend consulted with a criminal defense attorney yet?
yes he didnt get a fair defense durinmg his pretrial he had a bad attorney who at his last court date resigned leaving him to be referred to the public defender
The issues you've mentioned, such as the questionable search warrant and ineffective legal representation, are significant.
Your friend should consider contacting the Stanislaus County Bar Association for assistance in finding a new attorney. They can provide guidance on potential pro bono or low-cost criminal defense attorneys.
Has your friend filed any complaints regarding the previous attorney's performance?
we arent sure how to go about doing so but we sure would like to
Case Rating: *.
To file a complaint against the previous attorney, your friend can contact the California State Bar. Here’s how:
*. Visit the State Bar of California's website.
*. Complete the online attorney misconduct complaint form.
Would you like more details on the process?
yes please
To file a complaint against the previous attorney with the California State Bar:
*. Visit the State Bar of California’s website: calbar.ca.gov.
*. Navigate to the "Public" section.
*. Click on "Attorney Complaints" and follow the instructions for submitting the online attorney misconduct complaint form.
Would you like assistance with any other legal issues?
not at this time Thank you very much for the info you have been very helpful
You’re welcome, ****! If you need any more help in the future, feel free to reach out. Have a great day!
can you provide me with a link to check and see if John Noonan Attorney out of dubllin ca has any complaints filed against him
You can check if John Noonan, Attorney, has any complaints filed against him through the State Bar of California's website. Here's the direct link to search for attorney records and complaints:
[State Bar of California - Attorney Search](http://members.calbar.ca.gov/fal/MemberSearch/QuickSearch)
Would you like any help with another legal matter?
a hearing for a motion to supress evidence does the defendant need to be present to hear motion
In California, the defendant is generally required to be present at hearings, including those for a motion to suppress evidence. However, there can be exceptions depending on the specific circumstances and the judge's discretion.
Is there anything else you need help with?
does a court have to notify defendant in the middle of a case that another judge will be hearing the case
In California, the court should notify the defendant if another judge will be hearing the case. This is part of ensuring the defendant's right to a fair trial and proper judicial procedure.
Is there a specific reason for your concern about a change in judge?
yes they switced judges without notice but kept the same dept the case was heard in
The court should notify a defendant if there's a change in the judge handling their case. This ensures transparency and the defendant's right to a fair trial.
Here are some steps you can take:
*. Request the court record to check for any notices filed.
*. Speak with your attorney or public defender about filing a motion to address the issue.
Would you like more information on how to proceed with this matter?
yes please
Case Rating: *
To address the issue of a judge being changed without notice, here are some steps you can take:
*. Request Court Records: Check for any filed notices regarding the judge change.
*. Consult with Attorney: Speak with your attorney or public defender about filing a motion. This motion can address the lack of notification and potentially request a review of the procedural fairness.
Would you like more details on how to file the motion or any other legal matter?
ip address tips are they sufficent evidence to be probable cause for a search warrant
An IP address alone generally isn't sufficient for probable cause in California. Courts usually require additional corroborating evidence to establish a direct link to criminal activity.
Would you like details on challenging the probable cause of the search warrant in your friend's case?
yes please
To challenge the probable cause of the search warrant based on an IP address tip:
*. Review Warrant Affidavit: Examine the affidavit for any corroborating evidence.
*. File a Motion to Suppress: Argue that the IP address alone is insufficient for probable cause.
*. Consult a Defense Attorney: Get legal advice on challenging the warrant’s validity.
Is there anything specific you need help with regarding the motion to suppress?
can i upload a copy of the search warrant for your review and suggestion
I'm sorry, but I'm unable to review documents or provide legal advice on specific cases. However, I can guide you on what to look for in the search warrant:
- Ensure the warrant specifies the place and person to be searched.
- Check if the affidavit provides sufficient corroborating evidence beyond the IP address.
- Verify if the search was conducted within the scope of the warrant.
Would you like more general information on challenging search warrants?
yes
To challenge a search warrant based on an IP address tip, consider these steps:
- Review the Affidavit: Ensure it includes detailed, corroborating evidence beyond the IP address.
- Scope of the Warrant: Confirm the search was conducted within the specified scope.
- Seek Legal Counsel: An experienced criminal defense attorney can provide guidance.
Would you like more information on any of these steps?
what if the defense attorney misspelled the defendants name in the motion to suppress paper work would that be a problem to the courts
A misspelling of the defendant's name in a motion to suppress paperwork is generally a minor clerical error and usually won't impact the court's decision. Courts focus on the substance of the motion rather than minor typographical errors.
Is there another detail about the motion to suppress you’re concerned about?
yes he was not present during this hearing he was in hospital with covaid I appeared to address the court on his absence since I couldn't reach his attorney by phone and they went forward with the hearing without him and his attorney didn't even say anything in his defense nobody was cross examined the judge brushed over the facts regarding the name on the search warrant was for somebody that didn't live there and the judge ruled that IP address warrant was probable cause enough for them to get a judge to issue the search warrant
It sounds like there were procedural issues and potential violations of your friend's rights during the hearing. Here are some steps you can take:
- File a Motion for Reconsideration: Due to the absence of the defendant and ineffective assistance of counsel.
- Consult Another Attorney: Given the complexity, another attorney can help address these concerns.
Would you like more information on filing a motion for reconsideration?
yes please
To file a Motion for Reconsideration:
*. Draft the Motion: Include reasons such as the defendant's absence due to hospitalization, ineffective assistance of counsel, and procedural errors.
*. Submit to Court: File the motion with the same court that issued the original ruling.
*. Legal Representation: Consult another attorney for detailed guidance.
Need help with another legal issue?
thank you also the search warrant stated these basis the search warrant was issued for james leroy hill , there was never any info given on my friend Michael conlon the warrant was for micheals home not a place of james leroy hill , but they stated that james lived there which he did not live there so going on the assumption that james did live there the warrant stated specifically for the property of james leroy hill to be searched not Michael conlon
It sounds like there are significant issues with the search warrant and the conduct of the hearing. Here are some key points to consider:
- Specificity of Warrant: The warrant should clearly specify the person and place to be searched.
- Probable Cause: The warrant must be based on accurate information and probable cause.
- Procedural Errors: The defendant's absence and ineffective assistance of counsel are serious concerns.
Would you like to know more about how to challenge the validity of the search warrant based on these issues?
yes
Case Rating: *
Challenging the validity of the search warrant based on the issues you've mentioned involves several steps:
*. Review the Warrant:
- Ensure it specifies the correct person and place.
- Verify if it was based on accurate information and probable cause.
*. File a Motion to Suppress:
- Argue that the warrant was invalid due to incorrect information about James Leroy Hill and Michael Conlon.
*. Highlight Procedural Errors:
- Emphasize the defendant's absence and ineffective assistance of counsel during the hearing.
Would you like more details on how to draft a motion to suppress or any other assistance?
sure
To draft a motion to suppress, consider the following steps:
*. Review the Warrant:
- Confirm inaccuracies about the names and addresses.
- Ensure the warrant specifies the correct person and place.
*. Draft the Motion:
- State that the search warrant was based on incorrect information.
- Highlight the procedural errors, like the defendant's absence and ineffective assistance of counsel.
*. Submit to Court:
- File the motion with the court that issued the original ruling.
Would you like more detailed guidance on drafting the motion?
yes
To draft a more detailed motion to suppress, you can follow these steps:
*. Header:
- Include the court name, case number, and parties involved.
*. Introduction:
- Briefly state the purpose of the motion, which is to suppress evidence obtained through an invalid search warrant.
*. Statement of Facts:
- Detail the issuance of the search warrant for James Leroy Hill.
- Note that Michael Conlon's residence was searched.
- Mention that James Leroy Hill did not live there.
*. Legal Argument:
- Argue that the warrant was based on incorrect information, violating the Fourth Amendment.
- Highlight the procedural errors during the hearing, including the defendant's absence and ineffective assistance of counsel.
*. Conclusion:
- Request the court to suppress the evidence obtained through the invalid warrant.
Would you like a template or more detailed guidance on any specific section?
can you tell me how to print our conversation
To print our conversation, you can follow these steps:
*. Copy the Text: Highlight the entire conversation using your mouse or keyboard (Ctrl+C on Windows, Command+C on Mac).
*. Paste in a Document: Open a word processing application (such as Microsoft Word or Google Docs) and paste the copied text (Ctrl+V on Windows, Command+V on Mac).
*. Format: Adjust the formatting if necessary to make it readable.
*. Print: Use the print function (Ctrl+P on Windows, Command+P on Mac) to print the document.
Would you like any more assistance with your legal issue?
thank you
You're welcome! If you have any other questions or need further assistance in the future, feel free to reach out. Take care!
on a probable cause details document in a discovery what does it man when it statesstatus: not sent to judge/
It appears that the probable cause details have not been reviewed by a judge, which might mean they haven't been formally approved for action. This could be a procedural oversight.
Would you like information on how this might affect your friend's case or how to proceed with this issue?
yes
If the probable cause details in the discovery state "Status: not sent to judge," it could mean that the warrant may not have been properly authorized. This can significantly impact the validity of the search and the admissibility of any evidence obtained from it.
Here are some steps you can take:
*. Review the Discovery:
- Confirm the status and any details about the probable cause document.
*. Consult an Attorney:
- Discuss this potential oversight with your friend's attorney to explore how it impacts the case.
Would you like more details on challenging this issue in court?
yes
To challenge the issue of the probable cause document not being sent to the judge, you can follow these steps:
*. Review the Discovery:
- Confirm that the probable cause document was not reviewed by a judge.
*. File a Motion to Suppress:
- Argue that the evidence obtained should be inadmissible due to the lack of judicial authorization.
*. Consult an Attorney:
- Discuss this with your friend's attorney to strengthen the argument.
Would you like more information on how to draft the motion to suppress?
yes
To draft a motion to suppress based on the probable cause document not being sent to a judge, here's a more detailed guide:
*. Header:
- Court name, case number, and involved parties.
*. Introduction:
- State the motion's purpose to suppress evidence due to lack of judicial authorization.
*. Statement of Facts:
- Detail the discovery status showing "not sent to judge."
- Mention the evidence obtained from the search.
*. Legal Argument:
- Argue the Fourth Amendment's requirement for judicial approval of probable cause.
- Highlight that lack of judicial review invalidates the warrant.
*. Conclusion:
- Request suppression of the evidence due to procedural oversight.
Would you like more detailed guidance on any specific section?
yes what are the chances that similar cases like this one has been dismisseddue to the exact circumstances
It's challenging to predict the exact chances of dismissal without detailed knowledge of the case. However, cases involving procedural issues like incorrect warrants or lack of judicial authorization have often been dismissed due to violations of the Fourth Amendment. Consulting with a criminal defense attorney will provide more precise guidance tailored to your friend's situation.
Would you like more information on finding a suitable attorney or assistance with another legal matter?
we need a pro bono attorney willing to accept our case that practices in our area of stanislaus county
You can contact the Stanislaus County Bar Association for help finding a pro bono criminal defense attorney in Stanislaus County. They can provide guidance on available attorneys.
Stanislaus County Bar Association
Phone: (*) *-*
Address: * I Street, Suite *, Modesto, CA *
Website: [www.stanislausbar.com](http://www.stanislausbar.com)Would you like more information on what to discuss with the Bar Association?
yes
When contacting the Stanislaus County Bar Association, consider discussing the following points:
*. Specific Legal Issues:
- Highlight the procedural errors and rights violations involved in your friend's case.
*. Pro Bono Representation:
- Ask specifically for attorneys experienced in criminal defense who offer pro bono services.
*. Previous Attorney Issues:
- Mention the ineffective assistance and procedural mishaps during the prior hearings.
*. Urgency:
- Emphasize the urgency and importance of addressing these issues promptly.
Would you like assistance in drafting an outline for this discussion?
yes
Sure, here's an outline for your discussion with the Stanislaus County Bar Association:
~Stanislaus County Bar Association
Phone: (*) *-*
Address: * I Street, Suite *, Modesto, CA *
Website: [www.stanislausbar.com](http://www.stanislausbar.com)
Discussion Outline:
*.
Introduction: - Briefly introduce yourself and your friend’s case.
*.
Specific Legal Issues: - Explain the procedural errors (e.g., incorrect search warrant specifics, defendant's absence, ineffective assistance of counsel).
- Highlight the concern about the probable cause document not being sent to the judge.
*.
Pro Bono Representation: - Request assistance in finding a criminal defense attorney who offers pro bono services and has experience with similar cases.
*.
Previous Attorney Issues: - Discuss the ineffective representation by the previous attorney and the impact on the case.
*.
Urgency: - Emphasize the importance of addressing these issues quickly to ensure a fair trial.
Would you like any more specific details or another type of assistance?
can the cops get a search warrant based off of a tip that child poronograpy was downloaded using a IP address
In California, an IP address alone is typically not enough for a search warrant. Law enforcement usually needs additional corroborating evidence to establish probable cause.
Would you like to know more about the type of evidence that can strengthen or weaken a search warrant?
To strengthen or weaken a search warrant based on an IP address tip, consider these factors:
- Corroborating Evidence: Additional evidence linking the IP address to illegal activity (e.g., witness statements, prior criminal activity).
- Specificity: The warrant must specify the exact location and items to be searched.
- Affidavit Details: The affidavit should provide a detailed explanation of the evidence and why it justifies the search.
Would you like more information on how to challenge a search warrant based on these points?
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