My Lawyer Won’t Show Me the “Probable Cause” Papers for My Search Warrant.?!?
Question by Amber: My lawyer won’t show me the “probable cause” papers for my search warrant.?!?
I am getting charged with possession of a controlled substance. Problem is that the drug wasn’t in my system and all they found was residue in my apartment when they searched it. I asked my lawyer what the probable cause to even issue a search warrant was and he said the state would not release that information. I don’t feel like that’s fair because I need to know what the probably cause was in order to fight this case….I’m so confused. QUESTION is: Can the state legally withhold the probable cause information until they reach the verdict to my case?
Best answer:
Answer by Paul Jackson
“I asked my lawyer what the probable cause to even issue a search warrant was and he said the state would not release that information.”
That doesn’t make sense. Get another lawyer.
“Can the state legally withhold the probable cause information until they reach the verdict to my case?”
No. You have the right to challenge the search warrant. The only way that is possible is to know what is in it.
Answer by USA all the way 2
your attorney should have requested the info in discovery. If they don’t come up with it prior to trial, then your attorney should request a dismissal based on not having all the evidence needed to prepare properly for trial. However, the search warrant itself should spell out the probable cause.
that said, if nothing was in your system, and all the found was residue, what were you arrested for and charged with?
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If the search warrant was based on testimony from a confidential informant, or for a few other reasons, then no, the State will not allow you to be shown the affidavit of probable cause.
That is why a judge has to sign off on a search warrant.
It is also possible that your lawyer meant that they have not released the affidavit “yet”. It is common for DA’s to wait till the absolute last minute to release discovery. I’ve actually seen a runner sitting outside a lawyers office with evidence that a judge has ordered “Must be delivered to the defense by 5pm on Tuesday”, waiting till 4:59 to walk in the door and hand it over.
Richard