Location: Washington
Two years and seven months ago I was arrested outside my home for something I didn’t do. I was subjected to a highly suggestive show-up identification by a witness whose description of the criminal was “all black clothes, black hood, black mask, blue eyes”.
During the identification procedure, I was handcuffed and restrained by two officers. In front of the witness the cops ripped the beanie off my head exposing my hair (something the witness didn’t see) and shined a flashlight inches from eyes before saying out loud “blue eyes.”
The next day, I was able to get a lawyer for the PC hearing. There was a finding out no PC and I was released.
The crime was a robbery at a large store and the PC statement says there is “surveillance video but they had not obtained it yet.” The cops kept my shoes and phone.
I retained my lawyer during the “precharging stage” and he was initially optimistic but then went silent. I contacted him every 6 months but he typically just told me “I’ll contact the prosecutor.”
Then, Within a week of the two year anniversary of my arrest, i received notice that the cops got a search warrant on my phone. I immediately phoned my attorney. He tells me the last time he spoke with the new prosecutor they told him they were getting ready to drop the charges they just needed to “do a few things first.”
Flash forward 6 months and I ask my attorney about obtaining the Search warrant affidavit to my phone warrant. He tells me that “It will probably be the same as the initial arrest PC statement”.
Which leads me to my question, is it a red flag that my attorney declined to obtain the search warrant affidavit?
Why do I care? Because the original PC statemnet indicates there is video. I went to the location after the fact. It is a large chain store and there are a lot of cameras. They couldn’t legally exclude the fact that they have video of a different person commiting the crime?
I’m kind of at my wits end and it’s hard to not see what is happening as an attempt to sweep under the rug a bad arrest.
Comments
Were charges ever filed after the no pc? Is there currently a pending case?
You really make it sound like you did this lmao
Here is my take.
They are not obligated to get the video from the store. Police are obligated to turn over any exonerating evidence if they have it but there is nothing requiring them to gather certain evidence.
A search warrant is an ex parte order. Doesn’t really matter what the affidavit for it says at this point. There is nothing your defense attorney can do about it. If there was something done incorrectly they can move to suppress it later on but evidence from search warrants is almost never suppressed.
The state can pursue the case at any time before statute limitations expires. Even if they dismiss it, it doesn’t mean they won’t refile.