Legal Question in Criminal Law in California

the sheriff came to the property I just moved on to, I rent a small section on a 50 acre property where I live in my motorhome and have my other belongings stored in a temporary shelter. ive lived there for approx. 3 weeks and the Sherriff told me after I exited my motorhome that this had to do with a girl that went missing 15 years ago and that they suspected the owner of the property's grandson may have had some type of involvement in the case. they said they had a warrant to search the property and any vehicle on it ,trailer or motorhome but never showed me it.they said they knew I didn't have any involvement and I was being corporative and then uncuffed me and allowed me to leave. do they have any right to search my motorhome and if anything inside is found that may be illegal but not pertaining to the case at hand can it be held against me? also I did not give consent to search.

Asked on 7/19/13, 1:59 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

That is a big issue of what the warrant says. If they find anything and you get charged, your attorney may have to challenge what they found on the grounds it was not covered under the warrant. You seem nervous about something, so I do suggest you consult with a local criminal defense attorney in a confidential setting.

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Answered on 7/19/13, 2:22 pm

Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Roach. But even if the search was within the scope of the warrant, your lawyer may be able to argue that the scope was unreasonably broad.

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Answered on 7/19/13, 2:36 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

If they search your trailer and they find stolen property, narcotics, or contraband you may be charged and the evidence may be admissible under the plain view doctrine. Your attorney may be able to argue that the warrant was overbroad and that it should not have covered your trailer. Even if the charges are dismissed as a result of your attorney's motion you will have to go through a significant amount of stress as a result of being charged. You don't want this and if I was you I would get rid of anything that might be illegal.

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Answered on 7/19/13, 3:19 pm

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