Legal Question in Criminal Law in California

my children's 17 yr old cousin stayed at our house Memorial Day wknd from Sat evening until Tues morning, whn I dropped him off at schl bcuz his Mother was in Hawaii. He was arrested at schl for a shooting that apparently happnd b4 he got to our house. ME & MY CHILDREN KNEW NOTHING ABOUT THIS INCIDENT!! He mentioned my 19 yr. old son's name & a Detective showed up at our house wanting 2 talk to my oldest son. He also spoke w/ me and my 14 yr old son as well. WE ALL INFORMED HIM WE KNEW NOTHING ABOUT THE INCIDENT AT ALL!! WE ONLY ALLOWED HIM TO STAY AT OUR HOUSE BCUZ HIS MOM WAS IN HAWAII ON VACATION!! My home was raided about 4 days later & my dog was shot & killed by police in the process for NO REASON AT ALL!!! They said they were serving a Search Warrant BUT THEY NVR SHOWED ME ANY SEARCH WARRANT NOR DID THEY LEAVE ME A COPY! I went to courthouse the following Monday morning [raid was on a Sat.] & the clerk said THERE WAS NO RECORD OF ANY SEARCH WARRANT FOR MY ADDRESS!! She said it's bcuz the police probably hadn't turned in the proof that the search was executed yet...is this true? Shouldn't there be SOME KIND OF RECORD A SEARCH WARRANT WAS ISSUED BY JUDGE IN FIRST PLACE? Also during the search, THEY FOUND NOTHING AT ALL PERTAINING TO THEIR INVESTIGATION [GUNS, ETC.]!! However, they did seize MY BELONGINGS WHICH HAVE NOTHING TO DO W/ THEIR CASE!! They took my laptop, ipod touch & regular ipod, 3 xbox 360 hard drives, both my children's working cell phones, another non-working cell phone & probably a couple other things I just can't remember rite now. I also have a deadbolt lock on my bedroom door & not once did they ask for key. When I said I had key to secured door they replied, "It's not secured anymore!", as they had already broke it open!!.The Detective called me again day before ystrday wanting me to come to police station to talk to me again. I told him that I already told him what I knew. I don't feel comfortable going there to talk to him when I've already said all that I'm saying. Do I have to go? Is it legal for him to keep harrassing me and my children like this? NO ONE WAS ARRESTED FROM MY HOUSE WHEN THEY SERVED THEIR SO-CALLED SEARCH WARRANT THAT I NEVER DID SEE!! THEY'VE ALREADY DISRUPTED OUR LIVES AND CAUSED US ENOUGH TROUBLE AS IT IS!! DO I HAVE TO KEEP PUTTING UP W/ THIS? PLZ HLP ME!! I NEED TO KNW ASAP AS HE WANTS ME TO GO TO THE STATION TO TALK TO ME....

Asked on 6/15/11, 9:37 am

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

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First, let me say that you have NO duty to talk to the police. You may want to speak with a lawyer versed in criminal defense in or near your area quickly. You have a constitutional right to remain silent. That is found in the 5th Amendment to our United States Constitution. As for the warrant, law enforcement should leave you a copy of a portion of the warrant as well as a receipt for any property taken. If they did not, you or your attorney should contact the agency who executed the warrant and request those items. I wish you well..David Wallin

Answered on 6/15/11, 10:26 am

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