Comments on: A case that can invalidate a search warrant. http://gacriminallawblog.com/2006/01/26/a-case-that-can-invalidate-a-search-warrant/ Georgia's premier web log for citizens accused of crimes. Sat, 06 Sep 2008 03:41:03 +0000 http://wordpress.org/?v=2.2.1 By: Rob Leonard http://gacriminallawblog.com/2006/01/26/a-case-that-can-invalidate-a-search-warrant/#comment-11 Rob Leonard Wed, 01 Mar 2006 03:00:35 +0000 http://gacriminallawblog.com/2006/01/26/a-case-that-can-invalidate-a-search-warrant/#comment-11 I think you are exactly right. You will have to put up the girlfriend if the officer lies. However, I think I would try to head him off at the pass and I would get the copy that was left and attach it as Exhibit A to your motion. Use the actual one that was left and not a copy. Attach her affidavit as Exhibit B and file it in with motion as well. Once those are already in the record, I think he is less likely to lie about it. The other thing to do is to get other warrants from other lawyers or your own clients to try to establish a pattern. I.E. they always just leave the warrant itself and not the affidavit or exhibit thereto. I think you are exactly right. You will have to put up the girlfriend if the officer lies. However, I think I would try to head him off at the pass and I would get the copy that was left and attach it as Exhibit A to your motion. Use the actual one that was left and not a copy. Attach her affidavit as Exhibit B and file it in with motion as well. Once those are already in the record, I think he is less likely to lie about it. The other thing to do is to get other warrants from other lawyers or your own clients to try to establish a pattern. I.E. they always just leave the warrant itself and not the affidavit or exhibit thereto.

]]> By: John http://gacriminallawblog.com/2006/01/26/a-case-that-can-invalidate-a-search-warrant/#comment-9 John Sun, 26 Feb 2006 23:55:58 +0000 http://gacriminallawblog.com/2006/01/26/a-case-that-can-invalidate-a-search-warrant/#comment-9 I have that very issue right now. The police did not leave a copy of the affidavit's exhibit that detailed the controlled buy the police had made. They left only the search warrant and affidavit. The description of the apartment is ambiguous, since two different apartment numbers are used. Thus, reference to the affidavit's exhibit would be necessary. But how do you prove it, other than putting the defendant's girlfriend on the stand to say that no one left the affidavit exhibit behind? I'm sure the officer will say he left everything behind that he was required to leave. I have that very issue right now. The police did not leave a copy of the affidavit’s exhibit that detailed the controlled buy the police had made. They left only the search warrant and affidavit. The description of the apartment is ambiguous, since two different apartment numbers are used. Thus, reference to the affidavit’s exhibit would be necessary.

But how do you prove it, other than putting the defendant’s girlfriend on the stand to say that no one left the affidavit exhibit behind? I’m sure the officer will say he left everything behind that he was required to leave.

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