Q: 2b felonies for "giving" a c.i.an opiate for free.led to a house search warrant .the search took 2 months to execute

A: Your lawyer can try to suppress the evidence by having a suppression hearing.

To suppress evidence found during a search of a house, the defense attorney may argue the following points:

1. Invalid Search Warrant: The defense could argue that the search warrant was invalid. This could include issues such as the warrant being improperly issued, lacking probable cause, or containing incorrect or misleading information.

2. Lack of Probable Cause: The attorney might argue that the affidavit supporting the search warrant did not establish probable cause. If the warrant was issued without sufficient evidence to believe that illegal goods would be found in the house, the evidence may be suppressed.

3. Scope of the Search: If the search exceeded the scope authorized by the warrant, the defense could argue that any evidence found outside the scope should be excluded. For instance, if the warrant specified only certain areas or items, but the police searched and seized items beyond those limits, that evidence might be inadmissible.

4. Improper Execution: The defense could claim that the search was not executed properly. This includes situations where law enforcement officers did not follow the correct procedures, such as failing to knock and announce their presence before entering the home.

5. Staleness of Information: The defense might argue that the information used to obtain the warrant was stale, meaning it was too old to support a finding of probable cause at the time the warrant was issued.

6. False or Misleading Information: If the affidavit supporting the warrant contained false or misleading information, the defense could argue that the warrant was obtained through deception, and therefore, the evidence should be suppressed.

7. Violation of Constitutional Rights: The defense could argue that the search violated the defendant’s Fourth Amendment rights against unreasonable searches and seizures. Any evidence obtained as a result of such a violation might be excluded under the exclusionary rule.

8. Standing: The defense might challenge whether the defendant has the legal standing to contest the search. For example, if the defendant did not have a reasonable expectation of privacy in the area searched, they might not be able to challenge the search.

Each of these arguments would need to be supported by specific facts and legal precedents relevant to the case.