Legal Question in Criminal Law in California

Items were seized from a house that implicate me in felonious activities. The search warrant was for someone else and the police were looking for other things. Can those items that implicate me be used against me?


Asked on 8/23/09, 10:34 pm

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

The short answer is: it depends. You're definitely going to want an attorney working on your behalf on this one.

If the police are in a place they are lawfully entitled to be and searching for something covered in the warrant (in a place it could be found), then the evidence against you may be admissible. If they had a search warrant to look for a stolen washing machine, but opened your desk drawers and found drugs, they exceeded the scope of their warrant and the drugs could be suppressed. If on the other hand, they had a search warrant for the premises to look for drugs and they found your drugs, not your roommates, then they are probably admissible.

Of course, your attorney will need to look into the whole warrant and whether it was valid or not, if it can be attacked and whether or not it was properly executed.

For that, you'll need to consult with an attorney face to face to discuss it.

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Answered on 8/24/09, 1:38 pm
Brian Dinday Law Offices of Brian R. Dinday

In addition to what Mr. Dane stated, if the house searched was the place you live, your rights to challenge the warrant may be greater than if you had no connection to that house, other than that a friend of yours had some items that incriminate you. As Mr. Dane said, have a sit down with a lawyer and tell him the whole story. You really cannot and should not do that on a public forum like this. Mr. Dane is an excellent lawyer, so you might wish to make an appointment with him if he is in your area. Good luck.

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Answered on 8/24/09, 1:55 pm
Terry A. Nelson Nelson & Lawless

It will be used unless proper objection is successfully made via evidence suppression motion[s] and at trial. That motion depends upon all the facts, documents, evidence, etc. If you are serious about getting legal counsel to help you do this right, and the case is in SoCal courts, feel free to contact me.

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Answered on 8/24/09, 7:59 pm


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