Legal Question in Appeals and Writs in California

Someone please explain how this is justice?!!

An "investigator" comes to your home and searches without consent through your belongings, he photographs some receipts both sales and return items from a store. He threatens you that in order to continue to receive gov assistance you must allow him to finish this invasion of privacy.

Your gov aid is terminated and at your only opportunity to reverse it with the agency has the entire thing is based on this investigator saying:

I bought items off the web for a discounted price and then took those items to an unaffiliated store returning them for cash at a profit! He shows the photos of some return receipts but never provides any proof of this supposed discounted purchase off the web. He says that the store where the refunds were made hade no traceable proof of original purchase for the returns made ie no original sales receipt!

Now you show receipts of the returned items along with their original purchase receipts proving you DID buy it at that store and not off some website and all you did was have your money refunded there was no profit made.

Now the agency hearing officer writes down that he found that you were making a profit from these returns and failed to report the income. and still terminates you from the aid!

You go to a court of law pleading for a review of the evidence proving the agency was speculation with absolutely no supporting evidence.�

The superior court judge just denies your petition saying he reviewed everything.

It's impossible to have found any evidence that supports the claim of these purchased items were being returned at a profit!!!!

Every lawyer says hire someone to help you if you are serious! Well when the result of harm causes you to be without any funds due to the agency's action, these entire Goldberg v Kelly protections of erroneous deprivations are not worth the paper they are written on!

I'm sorry but I seriously do not believe the court of law reviewed the evidence!

Are any lawyers left that have the desire and the means to help me???


Asked on 3/09/13, 12:18 pm

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

There are only a limited number of circumstances where an investigator can search your residence without a search warrant. Getting government aid is not one of them. You did not give enough facts for me to determine whether or not the search was legal. You need to sit down with a lawyer and go over all of the facts. From you zip code it does not look like you are in the San Francisco Bay area but if you are I'd be glad to give you a no cost consultation. My phone number is 415-336-7534. You can fax the investigator's report to me at 414-864-3389.

The other thing that is not clear is exactly why you were in court. Did you go on a writ of administrative mandemus?

Read more
Answered on 3/09/13, 8:54 pm


Related Questions & Answers

More Appeals and Writs questions and answers in California