Legal Question in Criminal Law in California

dealing/possesion

is there a way to get the police to search someones house even if that pearson is friends w/cops.


Asked on 1/15/09, 7:36 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: dealing/possesion

In theory, at least, being a friend of some police officers should have no bearing on whether a person's home is searched. Even so, it is unlikely that *you* could get anyone's home searched unless you are an eyewitness to criminal conduct of which evidence can be found in the house.

Police can only conduct such a search with the permission of the occupant (which is seldom granted) or pursuant to a search warrant. Warrants, in turn, are issued by courts. Courts will only issue warrants if the prosecutor persuades them that a search will likely yield evidence of a crime. To make such a showing, the prosecutor must provide evidence showing that there is reason to believe a search will accomplish this. Such evidence typically will come from the sworn declarations of eyewitnesses. (Sometimes it will come from a police officer relating to what She heard from a confidential informant.)

What this means is that a warrant will only issue if a witness, a police officer, a prosecutor and a judge all agree that a search of the premises is likely to yield evidence of a crime. You haven't said why you think a search would be appropriate, so my hunch is that you don't have a very good reason. If I'm right about this no warrant will issue, not because the other person has friends in the police department but because there is insufficient basis for a warrant.

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Answered on 1/15/09, 8:47 pm


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