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On i-15-2008 4 riverside ca. sherffs deputes

Sent to Criminal Law Experts May 15 2008 at 5:35 PM
   

On i-15-2008 4 riverside ca. sherffs deputes preformed a WARNTLESS serch My consell a publick defender Has writion a moshion to Have the surch Dissmissed but my understanding is that it is not cut and dry the moshion was well drafted What are you viues on warentless Serchs. I am sorry about my spelling it is otroutes.... but I have been reading law now for 6 years Thanks <Dino> Palm Springs ca.

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May 15 2008 at 6:11 PM (35 minutes and 7 seconds later)
         
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Your public defender is correct, these matters are not cut and dry and there is always new issues and new rules, changes to existing rules ect. The officers generally are allowed to search as an incident to a lawful arrest, even sometimes an unlawful arrest may not always invalidate the search. The 4th amendments corner stone is reasonableness, the courts have generally over the past 15-20 years been more and more open to police searches. The officers can search if given consent and they are experts at getting people to consent to things they do not even know exist, a skilled officer can have a person waive nearly all their rights in under 10 minutes, and the person will be none the wiser. Many times the "request" to search is worded as a statement and they will claim that the person did not object, the state would argue that is consent to search. The main factor is probable cause, which is the officer has a good reason to believe there is contraband or criminal activity, something he can articulate, more than suspicion, there should be an observation, or report that is reliable. This is the standard most car searches are done by, the question is "what made the officer believe that there was contraband or a crime was being committed?" There is of course the plain view exception which means any contraband in plain view can be confiscated, and that usually gives cause to search the rest of the area. Theres different rules for closed containers inside the vehicle. There also the inevitable discovery rule, where the items would have eventually been found by lawful means anyway. Then theres the Leon rule from US vs Leon where the supreme court held that officers acting in good faith making an illegal search, does not mandate the evidence be excluded. for instance is you happen to have the same name and description as someone they are looking for and are wrongfully arrested, and a search turns up illegal contraband, that evidence is not automatically excluded because the rule is not to punish the public by allowing criminals to get off on easy technicalities, the rule is to deter misconduct, and a mistake or typographical error is not misconduct, such as a typographical error on a search warrant, in stead of 156 elm street it says 158 elm street, if a big drug raid is done, they can not have all the evidence thrown out because the officer or judicial officer writing the warrant hit the wrong key, this punishes the public for a misunderstanding or mistake. Theres also a whole separate set of rules for those on probation or parole, they have a much diminished expectation of privacy, and they can be searched for almost anything. Now keep in mind these rules change all the time, almost every year there is at least one major 4th amendment case that is a big change from prior rules. Theres rules for drug sniffing dogs, in some cases the courts have even gone as far as to look at the dogs test scoring to determine if the dogs indication is reliable, or if the dog just says yes to everything. You can go on and on, and on and still every 4th amendment case is it's own.



“The truth shall set you free.”
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May 15 2008 at 8:18 PM (2 hours and 7 minutes and 41 seconds later)
         

On the day of my arrest 1-15-08 @ 10:00am I was visiting my parents home they live on 25 acers ther are eight rentell housing on the "ranch" The man who called 911 presented himself as the oner when my parents moved in 2 years ago "John Morinlorance" he wrot the lease agreement Stating he was the oner . I dicscoverd in nov of 2007 a depashion he "John" is beiong sued buy a prior tenet in said depashion "John" stats that he do's not know who the ONER is Qustion buy cansell do you write reantall agrements replys yes I do atty buy what athouatee and do you collick payments from said rents John yes I do atty what do you do with the monneys John I give them to my wife atty why is she the oner John no becouse I love her atty so you don't know the oner but you rent out the units colick the rents witch you give to your wife . on the day of my arest John enterterd the back of the house witch is gated with his handy man I do not live ther my mother was not home her cat was out side I put the cat in the house and looked in her frig I type way top solw and my spelling is tearabull can you plz Call me on the phone put a time limit on the call I will agree to it can explain alot faster the detailes I am veary conserend about my go to stat prision over this mater attys I know have queted me 30.000.00to 50.000.00 to represent me don't have it but I do have a ac**t with WEST LAW been reading on thise crimmal charges if you can PLZ call I will LISSION TO YOU and give streat ansers if I don't HANG UP ON ME PLZ HELP me <Dino> 760-327-6816

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May 15 2008 at 8:58 PM (20 minutes and 22 seconds later)
         

your a lic atty this is not what you would do for any one that would have walked in to nyour office .Just to have to ty to tallarate my spealling I would at this point demand a payment of at least 1.000.00I am veary literret in CIVIL LAW don't study crimmial law I read 100 times better then I type so I can not with a good conshis wast any more of you time for what dollar firger I posted wish me luck if you so desiear to look at my case just for fun it is in Riverside ca Banning court case #BAF0005880 Dino Leone 8-13-1959 areast date 1-15-2008 50.000.00 bond posted inturesting THanks for your time charge the next guy for all the time I have takek Sorry Thank you < QuoWarranto4u@aol.com < Dino >

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