To be issued a search warrant in a criminal matter, the investigating police officers are required to show probable cause that some sort of criminal activity is taking place. However, in one Colorado case, the attorney representing a defendant claims the officer lied so that a search warrant could be granted.
The defendant in this matter has been charged with 8 drug related felonies. Apparently, his arrest took place as the result of an anonymous letter that was sent to the police department. It appears also that the defendant may not have been properly identified during a drug arrest.
It is claimed that the arresting officer came manufactured motives as to why defendant had been traveling from Aspen to Denver. Also, there is a dispute over whether the anonymous letter was either authentic or reliable. It is further alleged that that disputed and unreliable evidence all related to the granting of the search warrant.
Ultimately, the judge in this case will have to rule on these various evidentiary matters. It is up to the discretion of the judge as to whether evidence should or should not be suppressed.
However, if there is a question about the admission of particular pieces of evidence, defense attorneys do have a right to challenge its admissibility. Defense attorneys can cross examine witnesses, discuss these evidentiary matters with the judge in chambers, bring motions limiting the scope as to what witnesses can testify to, and object to the evidence being admitted in a court of law to begin with.
Source: Aspen Daily News, “Attorney in drug case says officer lied to get warrant,” by Chad Abraham, Nov. 8, 2012
- Those arrested for drug possession or distribution charges need understand the serious nature of the charges and the need for representation. Please see our website concerning this matter.