Showing posts with label Illegal Search. Show all posts
Showing posts with label Illegal Search. Show all posts
Thursday, January 15, 2009
New Case From the U.S. Supreme Court
The United States Supreme Court issued another boneheaded opinion on illegal searches. Even though the police acted on an invalid arrest warrant , the evidence gathered as a result of an illegal search and seizure is admissible if the police reasonably believed the warrant was valid and the error was a clerical mistake. Soon the United States Supreme Court will do away with the exclusionary rule. God protect us from unreasonable search and seizures because the courts won't anymore.
Wednesday, December 10, 2008
Do You Have A Preliminary Hearing Or Not
I was in Gallatin , Tn today for a hearing on an aggravated robbery case. While I was waiting for the case to be called , I was in a discussion with the Assistant District Attorney . He wanted to be to bind the case over without a hearing. I firmly believe in never waiving the preliminary hearing unless your client gets something in exchange.Today , I learned the eyewitness drank one liter of vodka. The consent search was obtained by the threat of having the homeowners children being placed in Tennessee Department of Children's Services custody. Would I have gotten this information if I waived the hearing. I know some lawyers waive the hearing because they don't want the victims testimony recorded , but you have too much to gain by waiving the hearing. If your attorney asks you to bind your case over to the grand jury , ask him or her why. I learned enough to save my client from prison.
Labels:
Aggravated Robbery,
Grand Jury,
Illegal Search
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