Legal Question in Appeals and Writs in California
illegal search
officer came to my house on a faulse dv call when they seen my girlfriend was fine and she stated noting wrong they ask if they can search my house i said no the ask if i was on probation i told them i wasnt they then searched my house and found drugs i recived my discovery they said the obtained a warrent based on going threw my cell phone without my permission. i took a deal but now i wanna appeal my no contest plea due to violation of my fourth amendment intercepted communcation, also the gang enhancement and strike what are the chances of my appeal also i wanna open a civil suit how much can i sue for
2 Answers from Attorneys
Re: illegal search
You can sue for 0. You pleaded guilty. You can't appeal. As far ss the court system is concerned, you are guilty. End of story.
Re: illegal search
A plea of either guilty or no-contest waives most issues on appeal. That includes claims of Fourth Amendment violations, unless you raised that argument in the trial court in an unsuccessful motion to suppress. Even then, you would have to file a notice of appeal before time ran out; I have no idea whether you have already waited too long.
Your arguments about gang enhancements and strikes were also waived by your plea.
It is sometimes possible to resurrect waived arguments for an appeal by getting the trial judge to issue a certificate of probable cause (CPC). Getting a CPC takes time, though, and you must already have it when you file your notice of appeal. Seeking a CPC does not change the due date for that notice, so you have to work quickly.
I am certified by the State Bar as an appellate specialist. Feel free to contact me directly if you want to discuss your case further.
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