E.D.Cal.: Product of a search is inadmissible in an extradition proceeding to send def to Mexico for murder trial

Mexico seeks defendant’s extradition for murder. Defendant seeks to use the product of a search warrant to show that he might not have been involved in the murder. Mexico shows sufficient evidence to extradite, and this proceeding is not to try the case. The product of a search warrant in the U.S. is explanatory and inadmissible for this proceeding. In re Morales-Hernandez, 2019 U.S. Dist. LEXIS 42929 (E.D. Cal. Mar. 15, 2019):

Lastly, Morales-Hernandez seeks to admit a report regarding a search warrant to apprehend him that was executed on March 2, 2012. The report states that five rooms were inspected on the upper floor and three rooms were inspected on the lower floor of the home for the purpose of apprehending the suspect and the suspect was not found. Morales-Hernandez seeks to admit this as evidence that during the search of the premises no items linking him to the murder were found. While Morales-Hernandez seeks to admit this evidence to show that no physical evidence was found linking him to the crime, the Court finds that, due to the passage of time since Morales-Hernandez had fled the jurisdiction, even if the premises were searched and no evidence was found linking him to the crime, it would not explain away or obliterate the Governments’ evidence.

The Court finds that the evidence sought to be admitted by Morales-Hernandez in this proceeding is not explanatory, but is at the most contradictory evidence which is inadmissible in this proceeding.