Legal Question in Criminal Law in California
Search and Siezure
When a individual on probation uses your address for mailing only. Do the law enforcement officers have the right to barge through the residence and forcefully place the resident under arrest? I was placed in handcuffs, and was told that I was going to jail for refusing sheriffs officer enterance without a warrant. Because of my nine year old son A decision was made to voluntarily disclose the indivdual was indeed here at my home. Sheriffs officers were not sure he was here when they forcefully pushed opened my door and proceeded to look through every room of my home. After finding the suspect they proceeded to look through my personnal items. The suspect was unaware of the items that were in my residence. I have had several tenants that have access to my garage. The sheriffs report did not mention me as one of the individuals that witnessed the procedures that day. My nine year old son was taken into the garage alone and threatened by officers. The officers informed him he must answer them or he would end up under arrest as his mother was. The officers did not have a warrant to search my belongings. The suspect is not guilty of the evidence held againest him. Why was I left off the report when I can testify his innocence
1 Answer from Attorneys
Re: Search and Siezure
He can certainly call you as a witness, but if you have an attorney, she would not want you saying anything that may incrminate yourself.
Also, they probably(?) had a right to search if he gave them the probation officer that address, how do they know if it was for mailing only? He has to give them the address he stays at, NOT his mailing address. I did not even know why they asked for a "mailing address."
It is legal for police to lie and tell you that you will be arrested to get you to confess.
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