Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Henrietta
I agree not enough blood, hair etc. for her to be killed in the MH! One hair in drain, one small dot of blood from a child with frequent nosebleeds, a finger print or two in an unlocked MH, occasionally parked near the park where the child played, does not PROVE beyond a reasonable doubt.

Question, if the warrents used to investigate DW were obtained using false information from the impeached BVD, would the evidence gathered be thrown out of court?

1,064 posted on 07/11/2002 10:20:02 PM PDT by hoosiermama
[ Post Reply | Private Reply | To 1054 | View Replies ]


To: hoosiermama
Question, if the warrents used to investigate DW were obtained using false information from the impeached BVD, would the evidence gathered be thrown out of court?

I'm not sure. I would tend to think no, because if the person providing the info reasonably believed the info to be true, and the police reasonably believed the provider to be telling the truth, and the warrant were properly issued by a neutral magistrate, then I think the defense would have a hard time throwing out the evidence gathered pursuant to the warrant. Even if the witness were later shown to be lying, I think the police could still make a case that their reliance on the lies was reasonable in light of the investigation, and so the warrant should be upheld.

However, I don't practice in this area of law, and I don't practice in California, so please take what I say with a grain of salt. This is really a better question for a criminal law attorney.

1,082 posted on 07/11/2002 10:36:06 PM PDT by Henrietta
[ Post Reply | Private Reply | To 1064 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson