Sunday, July 17, 2011
Help Create A Rule, Statute, or Code of Law Regulating a Warrant ot use Informants to Enter Private Residence?
Ok, My home was raided and lots of drugs were found. I am a paralegal and know the law well, this is why i am in the courts representing myself to create as statute, rule, or code of law under the 4th Amendment under the fact the police used an "informant" to enter my home surreptitiously as a Third-Party to monitor and relay information and evidence that led to probable cause, search warrant and my arrest. Even though there was no electronic surveillance involve, it is the same concept to employ an informant in to a private residence. Under case law, once police use a private person (Informant) for there own use, that person under legal term is call an "Instrument" so therefore I argue. Informant=Instrument. I further argue that; to conduct a controlled drug buy used by an informant produces After-the-Fact-Scrutiny-for the affidavit, and ater-the-fact-justification for Probable casue. Illions v. Gates, Beck v. Ohio, State v. Novembrion, N.J. State v. Keyes, N.J. State v. Jones, N.J. and State v. Sullivan, N.J. I've created an argument that the state prosecutor could not argue. The following cases support my argument 100%. Katz v. United States; United States v. Karo; Lewis v. United States; Hoffa v. United States; State v. Andgala, N.J.. My Argument is this: One the state or government use a private person he becomes an instrument for the state and the 4th Amendment is applied Simpson v. United states. U.S. V. Nettles therefore by police using this informant (Instrument) to enter a private residence surreptitiously as third-party without any 4th amendment safeguards of a judicial determination of probable cause for a warrant constitutes an illegal search and seizure and a warrant should issue
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