Legal Question in Criminal Law in California
I took 5 grams of methamphetamine to the apartment of a girl I know. She came down to get it and we went back in and took the elevator. Inside the elevator, while going up, I passed her an envelope and she gave me $500. She got off the elevator on the second floor and I came back down to the lobby. When the elevator opened, two cops pulled me out and frisked me. They found nothing on me, except the cash about $700. They asked me in which floor the girl got off. I didn't answer anything. they told me to call the girl on my cellphone. I refused. One cop called her from my cellphone and lured her to come down, saying that I had forgot to give her something else. Once she came down the elevator, they held her and she started to cry. they took her upstairs and went into her apartment and got the envelope with the methamphetamine. they arrested me and her and charged with the intent to sell meth. Two hours later, they went into my house without a search warrant with the excuse that they were securing the place. They broke my bedroom door and found 23 grams of meth. They started the search at 2:00AM and finished at 9:00AM. They brought the search warrant signed by the magistrate at 10:00Am. I'm being charged with two counts: Intent to sell, and possession. Can the possession charge be drop since they didn't have a search warrant at the time they found the meth? What about the charge of intent to sell? they charged me and linked me with the stuff they found on the girls apartment, what if the cops violated her rights, can that apply to my case because my arrest was built out of what they found on her apartment.
3 Answers from Attorneys
We can chat all day about warrantless searches and seizures, but you are facing serious criminal charges; and if you want these defenses effectively litigated in your case you're going to have to retain an attorney.
Sympathy, hints and tips from here are not going to do anyone any good unless you already know how to effectively practice criminal law and procedure. You're facing serious time if convicted. As Confucius says: "Man who represent self has fool for a client". If you are serious about getting legal counsel to represent you, feel free to contact me. If you can't afford private counsel, apply for the Public Defender.
Mr. Stone and Mr. Nelson are right that you need a lawyer. But the facts you describe suggest multiple ways a lawyer can attack the charges. Searching your house without a warrant under these circumstances probably was a violation. The same is true of using your cell phone if you didn't consent to it. The young lady may also have a strong defense based upon what sounds like an illegal search. (Note that you and she will probably need different lawyers.)
Good luck.
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