Legal Question in Constitutional Law in California

I am currently on parole and on search and seizure. My neighbor asked me if I could clean her windows for her, which I gladly did. A week later she came to my house accusing me of stealing a tote bag of hers with legal papers in it. I did NOT take the bag nor did I see it. I told her and offered her to come into my house to look for the bag. She refused. She then contacted the police who then came to my house and questioned me. I allowed the officer to come into my home to look for the missing bag. He didnt find anything. Two weeks later 4 cops came to my house andI wasnt home but my n=mom was. They said they were here to search for the bag and would she allow them in to search, she agreed. I called home at that time and spoke to the cop incharge who asked me for permission to search. I gave it to him. They took a big garbage bag full of papers claiming they were papers with names on them of people who didnt live here. they never gave my mom an itimized list of what they took. Today I was looking for two loosleaf books I have with my new account info, names , addresses, etc. and also another journal of a vacation home I clean regularly, it has all info on the job itself, like dates of upcoming cleaning, past months , bills, payments, etc. They are both gone!!!! the cops took them!!! Ineed those books back to work, I clean homes and they have all the info on all my accounts. Can I demand those books back from the police?? Do they have a right to contact my currents accounts for any reason?? What do I do if they refuse to return them to me or claim they didnt take them???? HELP!!!! p.s. they never found the bag in my home or any paperwork with the womans info on it. I DID NOT Take it!!! What are my rights here???


Asked on 5/18/10, 10:41 pm

1 Answer from Attorneys
James Goff James R. Goff, Attorney at Law

If you have a parole agent I would contact him/her and seek their assistance in retrieving the information. If that is not feasible or is unsuccessful, you can file a motion pursuant to Penal Code section 1538.5 for return of the property in the court where you live. That will take time but should work. Good luck.

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Answered on 5/24/10, 12:01 pm


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