Summary
To challenge an allegedly illegal search and seizure warrant, begin in state court where charges are filed. File a motion to suppress evidence with your state-appointed attorney, arguing lack of probable cause or improper execution. Coordinate with a federal public defender for federal court issues. The First, Fourth, and Fifth Amendments offer related protections, and cases like McIntyre v. Ohio Elections Commission and NAACP v. Alabama set precedents for anonymity in free speech. Consider filing a pro se motion in federal court if necessary.Full Conversation
yes and they have indicted and i was given a state appointed attorney but that attorney does not do Federal. How do I work on getting the search and seizure warrant quashed or dismissed
To challenge the search and seizure warrant, you can file a motion to suppress the evidence obtained through the warrant. Here are the steps:
- Consult your state-appointed attorney to file the motion in state court.
- Argue that the warrant was not supported by probable cause or was improperly executed.
- Present evidence or arguments that your arrest was not justified under the warrant.
Would you like more detailed information on how to file a motion to suppress?
The evidence for the warrant affidavite is in the Federal court. Do I get the state appointed attorney to file pleadings to the federal court for evidence and affidavite in Federal or would I do it pro se?
Given that the evidence and affidavit are in federal court, your state-appointed attorney might not have jurisdiction to file pleadings in federal court. You may need to:
- Request your state-appointed attorney to coordinate with a federal public defender.
- Consider filing a pro se motion in federal court.
Would you like more information on how to file a pro se motion in federal court?
speopenaed
You might be referring to "subpoenaed" evidence. Here's what you can do:
- File a pro se motion in federal court to subpoena the evidence.
- Request your state-appointed attorney to help coordinate this process.
Would you like a basic outline on how to draft a pro se motion?
do any of the amendments guarantee the right to anolminty
The U.S. Constitution does not explicitly guarantee the right to anonymity. However, certain amendments protect related rights:
- First Amendment: Free speech and association, which can include anonymous speech.
- Fourth Amendment: Protection against unreasonable searches and seizures.
- Fifth Amendment: Protection against self-incrimination.
Would you like more information on any specific amendment?
are there any cases that set precident for right anonymity in free speech?
Yes, there are several landmark cases that have set precedents for the right to anonymity in free speech:
- McIntyre v. Ohio Elections Commission (*): The Supreme Court ruled that anonymous political speech is protected under the First Amendment.
- NAACP v. Alabama (*): The Supreme Court held that the state could not force the NAACP to disclose its membership list, protecting the right to anonymous association.
Would you like more details on these cases or any other related cases?
I belive the search and seizure warrant approved by a federal judge executed by local police and arrest in state court was illegal and unlawful, where do i start, state or federal
You should start by challenging the search and seizure in state court, as the charges are being handled there. Your state-appointed attorney can file a motion to suppress the evidence. Concurrently, you may need to coordinate with a federal public defender or file a pro se motion in federal court to address issues with the federal warrant.
Would you like guidance on how to draft a motion to suppress in state court?
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