Legal Question in Criminal Law in California

My girlfriend called 911 because i was threatening to harm myself. When the police responded they detained me for possession of paraphanilia and for suspision of being under the influence. Did they have legal probable cause to search me and arrest me even though they were called because i was trying to harm myself


Asked on 1/25/14, 6:36 am

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

As a Former Deputy District Attorney and a Certified Criminal Law Specialist, who has handled 100's of cases like yours in my 26 years in criminal law, the answer is YES. Very often, police are called for one reason, but when they get to the call, find something else, and an arrest is made. I would advise you to contact an experienced criminal defense attorney and go over all the facts. A highly trained criminal defense attorney can tell you how to proceed to obtain the best possible outcome. I wish you well...........David

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Answered on 1/25/14, 7:31 am
Edward Hoffman Law Offices of Edward A. Hoffman

Police won't ignore evidence of a crime just because they were present for a different reason. If they saw such evidence when they responded to your girlfriend's call, they were allowed to act on it.

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Answered on 1/25/14, 11:20 am
Terry A. Nelson Nelson & Lawless

Legal??

Of course. They were called to a potential crime scene and you were the suspect. What would make you think that they couldn't search and detain you while investigating the situation?? Anything found in a search "can and will be used against you".

Hire an attorney and take a little free advice if not already too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential �time�, so handle it right. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 1/25/14, 3:31 pm


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