Legal Question in Criminal Law in California

Law enforcement ask to search your home, can you get a copy of why this happen?

Our home was search by da, police, because they said undesireables where seen leaving our home. Then they said it was do to a report that drug activity was going on here. Neither one of us have any kind of a record, nor have been on parole or probahation. Are we alound to known how and why this happen? Can we get a copy of a report?


Asked on 9/28/05, 10:28 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Law enforcement ask to search your home, can you get a copy of why this happen?

Did they ask, and you let them in, or did they have a warrant? If the former, you have no one to blame except yourself (NEVER volunteer for, or consent to, a search). If the latter, and they damaged your home or someone was hurt, I would like to hear more.

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Answered on 9/28/05, 10:36 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Law enforcement ask to search your home, can you get a copy of why this happen?

generally speaking, a government entity (police department, DA, etc..) CANNOT enter your home without your consent or a warrant, unless a VALID legal exception exists allowing it under the circumstances. if you did NOT consent or they did not have a valid warrant here, this would be a violation of your 14th amendment/due process clause rights, as applied to the state by virtue of the 4th amendment to the u.s. constitution. however, if this is the case, and you were NOT arrested for anything, this violation may not necessarily be actionable per se, UNLESS during the "illegal search", something was damaged by either the police department or DA representatives. if you would like further assistance or direction, simply contact our Law Office today.

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Answered on 9/29/05, 6:56 am


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