Legal Question in Criminal Law in California

is it illegal for police officers to demand a search of property or be arrested ?


Asked on 8/23/09, 10:56 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

They can ask, but if they demand, the "consent" may be deemed coercive by the court and the resulting search may be illegal and the evidence suppressed. Every case is different, so a more thorough review would be necessary to fully advise you.

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Answered on 8/23/09, 11:52 pm
Terry A. Nelson Nelson & Lawless

If you were not arrested and charged, then the issue is of curiosity only, and the answer is 'maybe not' depending on all the facts and evidence, which will likely be your word versus his.

If charged, then the answer to that will be given you by the judge at the conclusion of your evidence suppression motion[s], and again depend upon on all the facts. If serious about getting legal counsel, and the case is in SoCal courts, feel free to contact me.

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Answered on 8/24/09, 8:04 pm


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