Legal Question in Criminal Law in California

Re: What are the chances of the Case being Dropped?

I think this is a second degree burglary, but as far as him walking on the search, I don't know. You called this a "robbery", but that term means you were there and he forcefully took the stuff from you. Many people call a theft from their home a "robbery" but it isn't.

Which leaves unstated how this guy got caught. If there is admissible evidence to prove he was the thief other than finding the loot in his possession, he can still be convicted. If no other evidence exists to link him to the crime, then he might walk. But if that's the case, how did he get caught?

If for example, you walked by his garage and the door was open and you saw yoru stuff in there and you are positive about it, the judge could exclude illegally seized evidence and he could still be convicted. Talk to the D.A. on the case, not us. He knows. Good luck.

Re: What are the chances of the Case being Dropped?

If a search, generally, is done in violation of the 4th Amendment, anything found could be suppressed and not used as evidence, if a motion to suppress is granted. However the police may be able to assert a "good faith" exception and it will depend on how the judge rules. This would be a residential burglary, as the unattached garage was still within the curtiledge of your property.

Re: What are the chances of the Case being Dropped?

If the search was illegal (as this one probably was), then the evidence it revealed will likely be suppressed. There are exceptions to this exclusionary rule, however, and at least two of them might apply here. The first exception is for searches which the officers reasonably but mistakenly believe are authorized. The second is for evidence which the D.A. can prove would have inevitably been found anyway.

But even if the evidence is excluded the case may not be dropped. It may be possible for the D.A. to prove the defendant's guilt with other evidence. It will be up to the D.A. to decide whether the drop the case or proceed.