Legal Question in Criminal Law in California

drug charges and conflict of interest

My boyfriend was at my apt. and we had been argueing the night before. He does not live with me. He was obscounding from parole. My mother called the police and reported that he was at my home. When the police arrived I went to the door . At such time my boyfriend hid in the refridgerator. When I answered the door they walked past me asking me where he was. I said we had been fighting but I had not seen him. They did a walk thru of my home at which time one officer asked me where he was and i told him he was in the kitchen. They handcuffed him and took him outside. I was in my bedroom and they came back in and asked me where was his drugs? I asked if they had a search warrant. They then told me to go in the other room. They found a small bag of meth and a pipe in a box in my drawer of my nightstand. They then told me that I was under arrest. No miranda warning read. Then they went outside and spoke to my boyfriend who told them the drugs were his. The officer came back in my apt and said,''This is how this is going to go down, Your boyfriend brought the box of dope in your home. Right? I said right. Then they left.


Asked on 1/19/08, 4:45 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: drug charges and conflict of interest

And your question is??

You may or may not have basis for various suppression motions, depending upon the actual admissible evidence and facts and testimony. There's no way of providing an opinion of any value without a full review of the facts, and establishing an attorney-client relationship. When you're ready to get serious about having counsel to represent you on the criminal charges, feel free to contact me, if the case is in SoCal.

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Answered on 1/21/08, 3:50 pm
Allen Farshi Law Offices of Allen Farshi

Re: drug charges and conflict of interest

I am not sure what the question is. The fact that your boyfriend was on parol means he had agreed to future warantless searches. If so absent other facts he does not appear to have a search warrant defense.

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Answered on 1/21/08, 1:16 am


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