Legal Question in Criminal Law in California
(California) A tenant of mine was pulled over for a traffic violation and was found to be in possession of a controlled subtsance. Twenty minutes later four deputies were at my door telling me that they had my tenant's permission to search his room, but they wanted me to sign a form consenting to a search of my whole house. I refused to allow it, whereupon I was told that if I didn't sign the consent form, the police would have to get a warrant, and they assured me that they would, and that I would be really sorry if this occurred because they were going to turn my house updside down. They told me my dogs would be impouded. They made me think I had no choice but to sign the consent form. Even as I was signing that I was doing so under no duress, I was emphatically stating that I was under duress and that I was being totally intimidated into signing. One of the officers even made a little fun of me; "You're not under duress, you're in distress!" Do I have a leg to stand on requestng a dismissal of the charge against me (felony possession) based on the "fruit of a poisoned tree"? I am a homeowner, employed full-time, and have never been arrested before in my life. Not even a traffic ticket have I ever received.
4 Answers from Attorneys
It is well established in case law that "consent" to search under threat of gettig a warrant and/or the promise to go get a warrant anyway is NOT true consent.
Get a lawyer.
Find a qualified attorney in or near your area. You can be sure the police will say something else occured, so be ready for a fight and get a lawyer who is not afraid to fight. I wish you well......David Wallin
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