Legal Question in Criminal Law in California

My boyfriend is on parole in kern county on january 8 after dropping my son off at school i returned home to find like 8 cops inside i currently rent a room from a close friend and his son but when i walked in the house my boyfriend and my roommates son were both sitting on the couch handcuffed they ran my name then continued searching the house not bothering on asking whos room was whos they didnt tell me what was going on but afterwards my roommate said that they came in claiming to be conducting a probation search on my roomates son aaron regarding a nearby church that was broken into 3 days prior but anyways while the cops were searching one of the detectives pulled me into a seperate room and asked me if i stayed here and what room was mine i stated i did and pointed out my room they asked me when was the last time i was arrested i told them back in 2006 at that point an officer walked up and they said "oh so we dont have the right to search your room without consent" but quickly concluded that my boyfriend was on parole so it was ok because he was in there when they arrived. they said they found a gun in my room while searching and asked me whos gun it was i told them i didnt know that me and my boyfriend had just got back from vegas the previous evening we had been gone for a couple of days and my roommates son did have friends coming over quite often so it could have been anybody i can lock my room but did not when i left for vegas but they charged him with felony possession of a firearm by a felon but it wasnt found on him just in my room he doesnt live with me but is there any way he can fight it if yes what would be the best route to go about it


Asked on 1/16/13, 8:56 pm

1 Answer from Attorneys

Kelvin Green The Law Office of Kelvin Green

The best route to fight this is hire an attorney... There are issues here that have to be sorted out including if the scope was reasonable and if the search meets requirements of the California Administrative Code... Get good legal help.

Read more
Answered on 1/16/13, 9:22 pm


Related Questions & Answers

More Criminal Law questions and answers in California