Legal Question in Civil Rights Law in California

Police recently came to my home to do a probation sweep for a previous tenant who has not lived here in over five years. I explained to them that she rented the house prior to us, they did not care, and I offered to call the landlord to confirm it and they said no, we are going to search anyway. I then requested to have a supervisor present since no one at my address is on probation and I am not giving them concent to search my home. They entered anyway and did not call for a supervisor until after. Is this legal?


Asked on 4/13/13, 4:04 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Whether the search was "legal" or not will be tested in a Motion to Suppress Evidence you bring in your criminal case after arrest. The judge will rule, base on all the admissible evidence and testimony and law, not just your version of the facts. If serious about hiring counsel for a criminal case, feel free to contact me.

Separately, if you or your property was actually damaged and injured, and you can show lack of cause and willful abuse of authority, you might have grounds for a civil suit to recover those damages.

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Answered on 4/13/13, 4:13 pm


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