Legal Question in Criminal Law in California
Cops breach my security gate
Last night two sheriffs defeated my locked driveway chain by lifting it up and over their squad car and driving up my long driveway. I asked them about how they did that and they lied and said they came up a different way.....there IS NO different way and I watched them leave and do the same.
They threatened to arrest me for stealing a neighbors dog (which is really MY dog) and told me they were going to search my house and any RV vehicles or any structure on my property to search for dog.
I told them they needed a search warrant to do that and they said no they don't. However, they did not open any doors.
My primary question is if they have the right to breach my locked driveway gate on a 'suspicion'' of dognapping?
If this was not legal, what is my recourse?
2 Answers from Attorneys
Re: Cops breach my security gate
if you would like to email me directly with more specific details on what all the police officers actually did do on your premises, apart from breaching your gate to enter, i may be able to advise you on your civil rights in this situation.
Re: Cops breach my security gate
Thank you for your inquiry.
Caselaw suggests that if there was an illegal search or seizure, then the remedy is to suppress any evidence that was the result of that warrantless illegal search. There are exceptions to the illegal search rules, and this very much depends on a case by case analysis.
If the entry, and hence the search, was not legal, then you need to bring a suppression motion in any pending criminal case to exclude evidence.
If your only damage was to property, then you can bring a civil claim against the police department for the damage to your gate or other property.
If there was neither of the above, then your only option is to complain to the department's internal affairs investigation division.
I hope this helps, but if you have other questions, need more information, or feel that you might need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.
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