Legal Question in Criminal Law in California

illegalsearch

do thepolice have the right to enter residence cause of so called gunshot was heard?and can they enter two doors in residence?and also would charge stick if defendant was not in the house when search was done?


Asked on 10/18/08, 3:56 am

3 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: illegalsearch

It is possible that the entry and search into your house were illegal. It would depend upon very specific facts of the situation. The police are going to claim that they had to enter because they were in a hot pursuit of a dangerous suspect. The question will be whether under these circumstances the police acted reasonably by entering your place which, if understand you correctly, had nothing to do with the shots being fired.

You need to consult an attorney to review your case by analyzing the police reports and all other evidence. There is no shortcut or substitute here.

Very best.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 10/18/08, 1:25 pm
Daniel J. Mangan III JuryTrialJustice

Re: illegalsearch

It is "possibly" a legal search but details are needed to have any real opinion...search and seizure law is complex and requires a fine attorney...whether the "charges stick" can't tell anything from your question???

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Answered on 10/18/08, 5:54 pm
Brian McGinity McGinity Law Office

Re: illegalsearch

Your question does not really give enough facts to make even a guess at the answers your seeking. IF the Police had a reasonable belief that either someone in the residence was the person firing the gun or that someone in the residence was the victim of a shooting then their entering would probably be found justified. However, there are a lot of other reasons their entering the residence could be justified within the law as well. There are a lot of reasons entering the residence could be found to be an unlawful entry but with the facts you have presented it is impossible to make a determination. However, this is a situation where you need an attorney. You need to speak with an attorney who understands the search and seizure laws very well. I would suggest you contact your local county bar association and ask for some referrals to criminal attorneys. I would not waste any time if you are dealing with the circumstances you have explained. Good Luck

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Answered on 10/18/08, 11:16 pm


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