Asked in Criminal Law for Texas

Q: Is there a protocol for evidence left out of discovery from defense attorney by prosecution

In a drug case the prosecution omitted the warrant for the gps device on my gf car she was pulled over for “ no plate on the front of vehicle “ but police said he was going to pull her over anyway ! But lied in the suppression hearing which she was denied ! He was instructed to pull her over by a detective in the report ?

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: If the defense attorney believes the state is withholding evidence that was covered by a timely request, or that they are withholding evidence that they have an affirmative duty to provide without a request, then he or she may file a Motion to Compel and request a hearing on that motion. However, doing all that for a copy of a warrant would be a silly waste of time since there should be a copy of both the warrant and the supporting affidavit in the public file at the clerk's office. Finally, any legitimate traffic violation can be a pretext for a valid stop, even if the officer really wants to investigate suspected drug trafficking.

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