Legal Question in Criminal Law in California

i have a restraining on my ex he was pulled over in my neighborhood which then the police came up to my house saying that there were drugs inside my house. they said they were informed by my ex and searched my house. were they allowed to do this..


Asked on 4/29/11, 8:22 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

You don't have to let the police search your home if they don't have a warrant. The big issue right now is whether they found anything in your home and have charged you. If you are being charged, you need to get an attorney and file a motion to suppress.

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Answered on 4/29/11, 11:21 am
Edward Hoffman Law Offices of Edward A. Hoffman

If the police asked for permission to search the house and you (or someone else who reasonably appeared to have authority) gave it to them, then they were allowed to do it. They probably needed a warrant if they didn't get such permission, though I can imagine circumstances in which no warrant would have been needed.

You should get a lawyer ASAP and discuss your case with her in detail. If the search was improper, she may be able to persuade the court to exclude the evidence.

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Answered on 4/29/11, 11:32 am


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