Legal Question in Criminal Law in California

Arrest Warrant?

I was living in a hotel while looking for a house to rent. The Police came to the hotel where they followed a woman upstairs who was there to visit the man in the room right next to me.They were held at gunpoint and searched,believing the woman was delivering drugs to the man. While 2 different rooms downstairs were being searched, they also came to mine saying they had a warrant for my arrest. They did not have the actual warrant nor did they know what the warrant was for.My room was then searched and underneath the mattresses and bed frame the found a zippered bag with cocaine in it that I had never seen before.I was then arrested on sales of a controlled substance and taken to jail.The warrant turned out to be a misd. outdated warrant out of family court.I understand that warrants of that type have a 2 year statue of limitations not to mention....the judge ordered that it be vacated 2 months after it was issued which was approximately 5 years prior to my arrest.

Once in jail, I was told I would see a judge within 3 days(72 hrs.),however, I didnt see one for 5 days and the judge dismissed the case re the warrant and ordered my case off calender.I thought they should have let me go after the 3 days was up.Was any of this legal


Asked on 8/11/07, 10:28 am

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Arrest Warrant?

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question is that from the facts you've conveyed, the search might have been illegal, and the fact that you were held an excessive amount of time might also be illegal. What your remedies are in this situation, however, are more difficult to answer without additional facts.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.

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Answered on 8/13/07, 4:32 pm


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