Do I have the right to know what evidence was given to establish probable cause submitted to the judge in order to obtain a search warrant? Can a police officer just tell a judge that he believes illegal activity is going on at so and so's residence with no basis or evidence for probable cause?
Yes you have the absolute right to know exactly what the police had given the judge before asking the judge to issue a search warrant. Your lawyer will make a Request for Discovery to the State. The State will send your lawyer the Affidavit of Probable Cause, which was typed up and given to the...Read more »
Hi, I'm sure someone else will probably ask you to clarify your question, but let me first ask you to ask it more clearly please? IF I understand your question, you said that you were arrested? For what were you arrested? In a car? Park? While walking?
Except that any combination or compound containing ephedrine,or any of its salts and isomers,or phenylpropanolamine or its salts and isomers,or pseudoephedrine,or any of its salts and isomers which is prepared for dis-pensing or over-the-counter... Read more »
Does it fall under the same regulations of "concealment" as other weapons? Such an item normally used for defense. Will one be prosecuted for having it concealed even though no license laws exist for such an item?
Next morning I called police to say I lied, they came out, listened & spoke to him on phone, said they wanted to confirm what I said. Told him he could come get some clothes, then they arrested him. I went & spoke to prosecutors & detectives, I am willing to go to jail, I lied & I... Read more »
I have a battery charge from last March. I was sentenced to probation. It took them 6 months to get that sentencing. I am on SSI. I have not been able to keep up with probation, counseling, OT and my house work. I have missed a lot of check ins and drugs tests. And my probation officer put out a PV... Read more »
From your question it seems like you may be disabled? If so, you certainly may ask the court for "alternative sentencing" options, such as "home detention." Usually reserved for those who have some physical reason why jail would be too difficult, home detention typically nets 2...Read more »
If a mistake was made by the Court, you may file a Motion to Reconsider. You must not introduce any new evidence but merely point out, usually with a brief, why the Court's decision cannot stand. This motion is always filed to the Court which granted the change of venue, in order to give the...Read more »
In 2017. According to state law 18-301 these rights should have been restored after my successful probation. a post-conviction restoration of civil rights under State law. In accordance with 18 U.S.C. § 921(a)(20), a conviction does not disqualify an individual from possessing firearms if the... Read more »
You don't lose any rights by being forcibly removed from your own home. The frustration you feel is felt by every, single male who is removed and now has to pay for two (2) residences. If you own it outright without your mate's co-ownership, simply sell it out from under her and buy a...Read more »
Probation officers are given about 90% of your son's 4th Amendment rights, while he is on probation. If you son had been at home, the P.O. would have been able to come right in, after ringing the door bell of course. They have the right to search his room plus any "common area."...Read more »
It's a governor's prerogative to use his executive powers during a pandemic to manage risk to the citizens he's charged with protecting. It's going to be very interesting to see if the executive's authority exceeds the constitution's guarantee of DUE PROCESS to all...Read more »
Idaho doesn't have such a statute. An "assault" is the reasonable fear of a "battery." A "battery" is an "unlawful touching." If you touch another person against their will, you may be charged with "battery." If you use an automobile to...Read more »
It's called "Malicious Injury to Property," a violation of Idaho Code Section 18-7001. If the damage is over one-thousand ($1,000) dollars, then it's a felony and punishable by a fine of up to five thousand ($5,000) dollars and/or imprisonment of not more than five (5) years, or both.
If a passenger is told he is free to go given the key to the vehicle as the driver is under arrest, after a traffic stop, then the officer comes back and asks before the subject leaves if he can search the subject. The subject gives consent to do a “terry pat” (Pat in outside of clothing for... Read more »
Hello, make sure you correct me if I summarize the facts wrong. So, the passenger is told by police that he is free to leave because the driver is being detained? The passenger then doesn't leave? Why not? Did the officer run up to the window and say, "hey, I want to search you or...Read more »
Police pulled over a vehicle with 2 individuals, the driver of the vehicles was detained on driving with out a license. A drug dog ran the car 3 times with no hit. The police told the passenger he was free to go, but then asked if they could search the passenger, passenger states a “terry pat”... Read more »
22yr old charged with lewd conduct with minor but I have 16yr old said victim claiming it was her who is at fault she admits to getting Xanax doing with defendant and says she seduced him and wants to and has tried to be accountable for this said act has said she will testify to it in court on his... Read more »
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