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A case propagated by the defense attorney

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Wednesday, Dec. 21, 2011 8:19 PM

Dear Editor:



If I understand the information contained in the article, “Judge rules on warrants,” Dec. 17, a search warrant must identify what the law enforcement officers find prior to the search taking place. The search warrant must state that the object for which the officers are looking is a “German Luger pistol.” However, in conducting the search a Smith & Wesson .22 caliber pistol in found. Does doing so negate the warrant because the object found is not identified correctly before the warrant was activated?

If that is so, it makes about as much sense as to say that a person ran over and killed a pedsetrian on Main Street in Cortez. The witnesses identified the vehicle as a 2009 model Ford F150 brown pickup. A vehicle is located that meets all of the descriptions given by the witnesses. However, one witness made a mistake and it was actually a 2008 model, not a 2009. The license number was correctly given and it matched the 2008 mode, but since a witness said it was a 2009 model and it was a 2008, the defense attorney argues that his client should be found not guilty. Every other evidence proves the guilt of the party on trial, but due to the fact that the driver of the vehicle was driving a 2008 model, not a 2009 model, the guilty party should be declared “not guilty.” It is to me a case being propagated by the lawyer for the defense. The attorney claims that he stands for justice, not stupidity. Yet upon what is his argument based? Yes, you guessed it?

Confused? Yep!



Bob Padgett

Cortez

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