Search Warrant Validity Concerns

Summary

If a search warrant is missing, it may affect the legality of evidence obtained. Filing a motion to compel its production can clarify its existence and validity. The fruit of the poisonous tree doctrine could apply if the initial warrant was invalid. Consult with your attorney about filing a motion to compel the production of the warrant to challenge the legality of subsequent searches and evidence.

Full Conversation

John
Hi John, How can I assist you with your legal issue today? Could you please provide some details about your situation?
To preface; I know I am a terrible person. I have been seeking help. Hello. I was arrested for a burglary nearly a year ago. There was a search on my cell phone due with probable cause due to the fact that they believed I recorded a crime. Let's call that Search Warrant A. During this, they found illegal images. As a result, they issued Search Warrant B in March of last year. In May they issued Search Warrant C to search my home. Upon being questioned after Search Warrant C, which was valid and shown to us, my attorney and I demanded to see Search Warrant A, the one to cause it all. They instead showed us Search Warrant B. Upon switching legal teams for more competent attorneys to negotiate my sentencing, I asked them if they have ever seen the initial warrant, Search Warrant A. They haven't. I personally, have only seen Search Warrants B and C, and none of my lawyers have seen Search Warrant A. Is it safe to say that Search Warrant A never even existed or was invalid and this is a case of the fruit of the poisonous tree doctrine? This is my last hope. Chances are, most likely, they did have Search Warrant A, but it's fishy that nobody has ever seen it, no?
Hi John, it's important to know that the "fruit of the poisonous tree" doctrine can invalidate subsequent evidence if the initial search warrant (Search Warrant A) was invalid. However, proving the non-existence or invalidity of Search Warrant A is crucial.
- Have your attorneys filed a motion to compel the production of Search Warrant A?
Not yet
Hi John, it would be beneficial for your attorney to file a motion to compel the production of Search Warrant A. This can formally request the court to provide evidence of its existence and validity. This step is crucial for challenging the legality of subsequent searches and evidence.
Have your attorneys discussed this option with you?
No. But why hasnt search warrant a turned up in discovery
John, it's strange that Search Warrant A hasn't appeared in discovery. Here are a few possibilities:
- It might not exist.
- It could be misplaced or not properly documented.
- There might be procedural errors.
Your attorney should file a motion to compel the production of Search Warrant A. This forces the prosecution to present it or explain its absence.
Have your attorneys considered this option yet?