Legal Question in Criminal Law in California

search and seize

police did not have a search warrant but asked if they can search the appartment. i said no, not w/out a search warrant. my girlfriend also said no but the police didnt accept that answer. the police kept harrasing her about getting permission to search. they finaly got her to say okay. is this legal?


Asked on 7/29/03, 3:24 pm

2 Answers from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: search and seize

It doesn't sound like it. The police can enter only with a warrant, consent or "exigent circumstances" (meaning basically some kind of potential life threatening emergency or hot pursuit of a criminal). Consent must be freely and voluntarily given. Consent which is obtained by badgering or threatening is not considered consent. If they entered illegally, then any evidence they obtained could be thrown out at a suppression motion hearing. You may even have a lawsuit, but, as a practical matter, if they didn't arrest anybody or seize anything, you would probably not get much in damages. You could consider an internal affairs complaint against the officers involved, but I would only do it if you are confident you don't have a corrupt police department.

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Answered on 7/29/03, 6:11 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: search and seize

One additional point. You didn't indicate if your girlfiend lived there. If she didn't, but was just visiting, she had no right to give consent, so there was none.

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Answered on 7/29/03, 7:04 pm


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