Asked in Criminal Law for Nebraska

Q: Is it a good idea to fight the warrant or not?

Discovery shows the exact info used to enter my husbands residents in Dec 2019 (we had been seperated over a yr) which had nothing to do with me. Boyfriends past record, & surveillance conducted at neighbors 4-5 blocks away, & a guy who claims to have purchased drugs from me the night he was arrested for poss of a gun by prohib person, poss of weapons by prohib, fleeing arrest, obstructing a peace officer, and the gun was suspected of being used in a case a few counties away. The drugs the k9 found, he was never charged with. He was high when he was arrested, and is on psych meds, has spent majority of his life locked up, he is not a creditable or reliable person. My house was searched less than 3.3 grams was found, in individual bags. They came in without general rule of 20 seconds, I was screaming I'm coming within 3 seconds of initial knock and announcment, by 12 sec I am yelling Im nearly there & 15 sec I'm at the door attempting to open it but they breach the door anyway

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1 Lawyer Answer
J. Heath Dillon
J. Heath Dillon
Answered
  • Criminal Law Lawyer
  • Leesville, LA

A: Whether you have a sound basis to suppress or keep out of evidence the contraband they found after entering your living space is a matter that should be discussed with a criminal defense attorney retained or appointed by the Court. If you don't already have an attorney, either pay for and retain one, or ask the Court to appoint one for you.

Generally speaking, law enforcement may only enter someone's house without consent, in order to search that house, if a search warrant has been issued by a judge. This search authorization would be based on circumstances that, when taken together, cause a judge to believe it more likely than not that contraband would be found at or within the place to be searched.

You provide information that, if presented to a judge in an affidavit in support of a search authorization, would likely result in a search authorization (probable cause standard met).

Again, these are circumstances and considerations best discussed with a criminal defense attorney hired or appointed to represent you. Note that rules of criminal procedure typically require a defendant to raise issues such as the admissability of evidence within certain timelines before a trial date.

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