Legal Question in Constitutional Law in California

Re: unlawful search

It would depend upon the scope of the warrant, and if you consented to the search of your room independently of the warrant. Please contact our office for a free consultation.

Re: unlawful search

Probably. Search warrants identify places and not people. If the warrant authorized a search of the entire house and your room was in that house, then the police were authorized to search it.

If you are prosecuted based on evidence the police found in your room, you can make a motion to exclude the evidence arguing that the search warrant should have been more narrowly drawn. Depending upon the circumstances, such an argument might very well succeed. That is probably your only remedy.

If someone else (most likely the homeowner) is prosecuted based upon evidence found in your room, he or she will not be able to have the evidence excluded even if the search was improper. You are the only person whose rights may have been violated by that search, and other people cannot exclude evidence based on violations of your rights.