Legal Question in Criminal Law in California

My two boys were arrested on drug charges. The police entered my house while we were away except for my two boys. Theye were arrested foor a controled substance. They were told it was probation check and that is why they wqere able to just walk in. Here's the problem, my one boy was on probation but was taken off two years ago and I have the documet from the judge. Question; Can I sue the city for Breaking and Entering and IlIegal Search and Seizure?


Asked on 6/14/10, 1:41 pm

3 Answers from Attorneys
Joshua Hale Hale Law Group

You can always sue, the question of winning is completely different. However, you may be able to use the illegal entrance to suppress evidence against your boys.

If you want this handled professionally, call me at your earliest convenience.

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Answered on 6/14/10, 4:49 pm
Anthony Roach Law Office of Anthony A. Roach

Mr. Hale is right. You need the criminal defense (juvenile) attorney to move to supress the evidence for violation of the 4th Amendment.

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Answered on 6/14/10, 5:41 pm
Terry A. Nelson Nelson & Lawless

Sue? No. The defendant can try to use those facts in defense of the charges, in appropriate motions to suppress or dismiss.

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Answered on 6/14/10, 6:01 pm


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