Police lie about having a warrant

Question

OK so the detective accessed my cousins phone and found incriminating evidence. The forensic unit ''cracked'' the phone then the detective got a search warrant 4 months later(her words in the depo). But when the detective wrote the complaint affidavit for the new charges she said ''a search warrant was granted before the phone was searched''. We never seen the warrant and he plead to a long prison sentence. While in prison we found out there was NEVER a search warrant for the phone. The detective and state completely lied. I have a letter from the arresting agency stating no search warrant or any warrant for that matter was ever obtained by their agency. The clerk of courts say the same thing. After writing his public defender who negotiated the plea he admitted in writing he never seen the warrant. So he negotiated a plea without seeing all the evidence and the detective/state lied. What should he do? Can the detective be charged for lying?

Jeffrey H. Garland · Answer

What you've described could support post conviction relief (PCR). It could be important whether your cousin was tricked into "consenting" to a phone search. The State would argue that no search warrant is needed for a consensual search. It might be significant how long ago these things happened. There are time periods for filing PCR motions. It would definitely be important to know what all the other evidence was and whether that evidence was sufficient to prove the case independently of the cell phone search. I suggest that you retain an experienced PCR lawyer to discuss these facts to whether they justify filing a PCR motion.

Michael Rubin · Answer

your relative needs to file a 3.850 motion to vacate judgment and sentence based upon the newly discovered evidence and I suggest you do this as soon as possible

James L. Arrasmith · Answer

This situation involves serious potential misconduct and constitutional violations that could affect your cousin's case. Given the evidence you've gathered - including written confirmation from the arresting agency, clerk of courts, and public defender about the missing warrant - there may be grounds to challenge the conviction. 
 
Your cousin should immediately contact a criminal appeals attorney who can file a post-conviction relief motion. The lack of a search warrant, combined with the detective's apparent false statements in official documents, could constitute violations of your cousin's Fourth Amendment rights against unreasonable searches and potentially amount to police misconduct. 
 
The detective could potentially face criminal charges for making false statements in official documents, which might constitute perjury or filing false reports. However, the immediate priority should be working to address your cousin's conviction through proper legal channels. You might also consider filing a formal complaint with the police department's internal affairs division and the state attorney's office regarding the detective's conduct. Remember to gather and preserve all documentation you've collected, as it will be crucial for any legal proceedings.

Q: Police lie about having a warrant