UNUSUAL SUCCESSFUL CHALLENGE TO A WARRANT

Suppose evidence was seized from your client during the execution of a signed search warrant and further suppose that you do not have a Franks issue. You might think its time to move on to a plea or trial but wait!  If the sworn complaint for search warrant did not set out a showing of probable cause you can challenge the search and win if your judge follows the reasoning of trial court Thomas Tucker and Appellate Justices GARCIA and PATTI  in People v Martinez S. Lenyoun, (1st District., 1st., Division   No. 1-06-3696  6/28/10). But wait! Where does the 3rd Justice stand….with the State. That would be Justice LAMPKIN. Read the interesting majority opinion and Justice LAMPKIN’s dissenting opinion by clicking this link.
 
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One Comment

  1. Posted September 20, 2010 at 6:25 pm | Permalink

    This is a big day in criminal law. Amazing news.

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