Seattle, WA asked in Criminal Law for Idaho

Q: Can information from a case that was dismissed in 2015 be used for as a basis for probable cause in a new case in 2021?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: Yes. Because, just because a case was dismissed a long time ago, doesn't' mean that the information or some of the information in it, isn't still valid today. It is a good question though but before you could challenge the information being used, you need to know exactly what information is being used. If you can get a copy of the Affidavit drafted by the investigating officer, which was used by the Prosecutor when he/she went to the Judge and asked for a warrant. This can be retrieved through formal discovery.

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