Legal Question in Administrative Law in California

I was putting on my license plate in my apt when I get tackled by a sheriff. they then put me in the back of the car and ask me if they can search my place I told them NO ! They searched it anyway. While in the car I heard the dispatcher say thats the wrong guy wrong apartment ! is this legal ? Thanks in advance I am not on probation or anything.

San Bernadino CA


Asked on 5/13/16, 9:30 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The search was illegal under the facts given. Law enforcement officers may only conduct a search upon probable cause or with permission. The officers' mistake does not mean the search was proper, and I don't see anything in the facts that would give them probable cause.

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Answered on 5/13/16, 6:13 pm


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