Legal Question in Constitutional Law in California

Can the eveidence be supressed

At the end of the Oakdale PD searched my home and ok me to jail charging me with recieving stolen property I was still asleep when the came to my door. A friend had come by to pick up my neice to sign her up for school. She had only been a few minutes my neice hadnt even had a chance to get out of bed yet. But kasthy answered the door. I woke up went o the door and denied them entrance they said they were comig in i asked for a warrent they said they didnt need one because kathy was on probation. They told me step aside or go to jail. When they came in they didnt search Kathy or anyone not even my person, they went straight to my bedroom and searched. Kathy's probation is misdameanor informal, probation, she doesnt even have to report. Is thisd considered and unreasonabe search and can the eveidence be supressed?


Asked on 2/19/03, 4:12 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Can the eveidence be supressed

Your question isn't very clear, so I'm not quite sure what happened here. Is Kathy your neice? Does she live with you in the home that was searched? Is Kathy the friend who came by to pick your neice up for school?

At any rate, you may have a decent argument that the probation search was a mere pretext for a search which would otherwise require a warrant. If so, you might be able to get the evidence surpressed. I would need to learn a lot more about the case before I could offer a more definitive opinion.

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Answered on 2/19/03, 5:18 pm


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