Legal Question in Criminal Law in California

false warrant

if someone gets arrested under a warrant not in their name but during the arrest is found with possesion. also gets car towed is their any restitution.


Asked on 7/15/08, 2:41 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: false warrant

If the officers acted reasonably (for example, if they genuinely believed you were the person named in the warrant) then you are stuck. You won't get restitution and, more importantly, you won't be able to use this mistake to defeat the possession charge.

Get a lawyer right away.

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Answered on 7/15/08, 3:08 pm
Daniel J. Mangan III JuryTrialJustice

Re: false warrant

Did the officers have any reason to believe the person arrested was the named party? Or was there independent probable cause to search the person arrested? Can't tell from facts in question.

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Answered on 7/15/08, 6:09 pm


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