Posted on 04/09/2008 9:33:38 AM PDT by Domandred
“I do not want to see the case screwed up because the police are being their usual incompetent selves.”
Are you telling me if at a jury trial you had the victim ID the perp as to sexual and physical abuse and you’d vote to acquit because the cops got the man’s wrong on a search warrant?
I am also amazed that a search warrant was apparently issued on the basis of a phone call. Maybe I missed a posted copy of the affidavit or some other detail but so far it’s just a phone call.
The “entire wrong person” who just happens to have the same last name, nad be a member of the same comparatively small religious group, AND has a conviction for sexual abuse of a 16 year old girl . . .
The Judge would throw out all of the evidence long before it ever got to a jury.
How exactly is our Constitution and search and seizure laws being violated?
A victim called LE. LE went in and protected her.
Without a witness/complainant to justify the police even being there, this case could blow up big time.
What judge is gonna throw out that case before it gets to trial?
warrents are the governments key into your home.
Essentially a manual overide to enter into a “man’s castle”.
If this is correct that they executed on a wrong person then this is a major legal error and not just a typo scrivner error.
THere is a HUGE sentiment by judges to not allow police to not all execution on just anyone regardless of warrent in the absence of a specific request for a john doe warrent. Otherwise the police WILL be asking for a warrent on one person and go fishing for evidence on the person they really want and allow cases to be screwed up.
You are correct then they could have taken the girl with them and obtained a “john doe” warrent based on a name recolection issue. They did not do that and now their case is in major crisis.
At the very least something is going to get surpressed.
You seem to be misunderstanding the issues here so I'll spell them out in small words:
1. A warrant was issued on the basis of a phone call
2. The warrant named the wrong guy.
3. So Mr. Wrong Guy has the full force of the government down on him
4. And the right guy hasn't been arrested yet because the police have screwed up the warrant.
5. And you are okay with all of this.
I'm certain that who ever saw her in the hospital will be able to identify her. If they can find her.
Too bad the real story is almost completely buried and the truth was the first casualty on the assault on our God given freedoms
Criminals walk every day because of improperly documented search warrants.
I’m not a lawyer. I believe this falls under the doctrine of “Plain View”. As long as you are in a place that you are legally allowed to be in, you can seize what is in plain view.
What evidence will suppressed? What judge will suppress sexual and physical evidence just cause a minor didn’t know the true legal name of her perpretrator?
BTW, its “warrant.”
There was probably an affidavit from one or more of the people who took her calls at the domestic violence hotline.
Yes, a phone call to a state child welfare agancy from a person in dire straights. Usually such a person dials 911 and doesn't sit a the phone yacking away about it. The push to obtain the time an dcircumatances of resue.
Yep, I’m completely okay with it. Because now a full investigation will take place.
that will be a NEW warrent to arrest the correct person.
as for this warrent, it is going to be a ground to toss all the stuff on this arrest.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What judge will allow a criminal in this kind of case to walk?
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