Legal Question in Civil Rights Law in California

Are police allowed to hold you at gunpoint & search your home on an anonymous tip to the non emergency line that this person heard 3 shots fired from your apartment? Were my rights violated?


Asked on 5/09/12, 8:35 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

CAN they? Yes.

Should they? Not without probable cause or a warrant. Shots fired sure sounds to me like probable cause to investigate a crime and check for threats, don't you think??

Were you arrested or charged with a crime?

Whenever threatened, arrested or charged with any crime, �what can you do�? No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice [if not already too late] is to exercise the 5th Amendment RIGHT to SHUT UP and do NOT talk to police or ANYONE about the details of the case except through an attorney. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.

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Answered on 5/10/12, 10:48 am


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