Legal Question in Criminal Law in California

Police search in home owners home

My daughter has a felony conviction, and is trying to remain clean. Her ex-boyfriend (she has a child from him) told police that him, and my daughter and him smoked crack the other night, which is a lie because she stayed home all night. The police said they had the right to enter because of her previous conviction. I refused to allow the police to enter however, they proceeded to enter anyway.

Was the search legal just based on the ''heresay'' of her boyfriend. Also the police arrested her, based on answers and the way that my daughters eyes looked. She was taken to jail to submit a urine sample that was clean. Question. is this entry legal? Can the police continue to enter my home based on a verbal from anyone? What are my rights? Note my wife and i have never been arrested, and not even a parking ticket in 30+ years. I'm afraid that her boyfriend would plant drugs in my house, and then call the police and do a search which i would be arrested. Any help you can provide sould be greatly appreciated.


Asked on 4/28/09, 12:59 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Police search in home owners home

Was your daughter on probation at the time of the search? Does she live with you? If the answer to both of these questions is yes, then the police probably had the right to conduct a probation search even over your objections. If the answer to either question is no, then the search was probably illegal.

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Answered on 4/28/09, 2:59 pm


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