Prosecutors Admit to Illegally Seizing Certain Items? MJEOL Bullet #202 In court papers stamped September 13 2004, the defense team for Michael Jackson continues to question the seizure of property taken from Jacksons Neverland Ranch. Through the court filings, we find out the prosecutors have conceded at least 20 items taken were done so illegally because they did not fall under the plain view exception nor were they listed on the search warrant.
Since warrantless searches are a violation of the 4th Amendment, anything obtained as a resulteven the most innocent info like a financial magazineis a violation of Jacksons rights and subject to what attorneys call a suppression of what prosecutors have labeled as evidence.
The defenses Reply to the DAs Supplemental Response in Opposition to Defense Motion to Suppress says that prosecutors try to substantiate the confiscation of property from Jacksons home by claiming it may be a lead to other evidence or is indicia of association among certain individuals. They write:
Continue ReadingThe probable cause affidavit does not request and the warrant does not authorize seizure of items that may reflect association among people. (see Defendants Reply to the District Attorneys Supplemental Response in Opposition to Defense Motion to Suppress | pg2)