The SA was granted on hear say (snitch) which was not accurate and the cops said I had set the trash out for pick up and in their own disclosure pictures show the can on my property. I also have a credible witness that the can was not set out. My lawyer feels he might be able to get the MJ found in my house suppressed. My question is, how like likely is this to happen successfully? I would think the judges tend to admit that he or one of his (small town) judges jumped the gun.
This question is best answered by your attorney since he/she knows the facts and circumstances of your case the best. Also, your attorney can tell you what case law may help or hurt you and then assess your chances at the hearing.
Ultimately, no attorney can predict what a judge will rule. There are so many variables associated with a suppression hearing – such as the witnesses testimony to the facts, the credibility of the witness, the credibility of the Officer, the police reports, and the ability of your lawyer to cross-examine the witnesses and then argue your point and the law.