Legal Question in Civil Rights Law in California

Search Warrant, is this legal?

The other night, police detained me in my front yard while they procured a search warrant. After three and a half hours of standing on the sidewalk with all my neighbors looking at me like I'm some kind of freak, a cop pulled up with the ''search warrant''

The ''search warrant'' they showed me was signed by a judge in a different district, more than 50 miles away. It does not list my address, my name, it doesn't say what they were looking for, where they were allowed to look for it, or why they thought they had a right to enter my home and dump bags of trash in my living room. I have a copy of it.

When I started asking questions like ''Why isn't my address on this?'' they hand cuffed me and my brother (who lives with me) and took us to the station. We asked what we were being arrested for, they said it was ''narcotics related'' and that an ''investigator'' would explain everything. The charges were possession of drug paraphernalia, a misdemeanor.

They held us there until 3 AM, then gave us each tickets and we had to walk several miles home, where the front door was unlocked, trash was dumped out of bags all over my living room and in my bathtub, and a search warrant form with ''0 items taken'' written across it.


Asked on 10/04/07, 6:40 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Search Warrant, is this legal?

I hope you photographed the aftermath. You might have a civil case for violation of your civil rights. Be sure and fight the misdemeanor case if you can.

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Answered on 10/04/07, 7:11 pm
Terry A. Nelson Nelson & Lawless

Re: Search Warrant, is this legal?

Whether it's 'legal' or not will be tested as part of the defense of the criminal charges against you. Get an attorney and do so.

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Answered on 10/04/07, 7:14 pm
David Tuttelman Law Office of David M. Tuttelman

Re: Search Warrant, is this legal?

First off, where are you located? By all means, try to find a local attorney to defend you in the criminal case.

Second, and based on your question, it's highly doubtful the warrant was lawful if it failed to specify your address or what the object of the search was. You can and must raise this in your criminal case.

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Answered on 10/04/07, 9:02 pm


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