Legal Question in Criminal Law in California

House Number and Street Name Wrong

Fourteen police came to my room mates home with a warrent for a $1500 plasma tourch.She had paid $300 at a yard sale and planed to put it on ebay like she does with many other things she gets.The police found this tourch in less than 5 min. in the backyard.The plasma tourch was the only item listed on the warrent.The Fourteen Cops continued to search the home.Fifteen mins. after finding the tourch,they came across a box of old rusty gun parts.The rusty parts were her grandfathers and at least 70-80yrs old.The parts were in the house when she moved in after the death of her grandfather..The parts were so rusty it would not been safe to ever fire.At this hearing the DA ask a cop that had been at the search was he present at 12345 Paseo Padre.The cop said yes.Defense Atty. asked if this was the address 12345 Paseo Padre,and once again the cop said yes.The Actual Address 12354 Paseo Del Campo.Under oath the DA and his witness had both given an address that was not the defendants,and was not the address on the warrant.The witness said he saw what looked to be a gun barrel,he did not say he saw a complete gun.The rusty old parts in inventory TURNED INTO two guns in police report,not rusty parts.She has been off fel. prob.atleast 5yrs.


Asked on 4/13/09, 2:22 am

2 Answers from Attorneys
Joe Dane Law Office of Joe Dane

Re: House Number and Street Name Wrong

Your roommate is already enmeshed in the system, so this isn't an attempt to second-guess or undermine their attorney. I assume the attorney has a plan to attack the search warrant, as well as to use the officer's misstatements in his testimony to the defendant's advantage.

The guns require either good cross-examination and/or a gun expert to testify these aren't functional firearms, but at best nonfunctional gun parts.

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Answered on 4/13/09, 10:46 am
Brian Dinday Law Offices of Brian R. Dinday

Re: House Number and Street Name Wrong

It sounds like the D.A. has stretched the cops' testimony just to get past the preliminary hearing. His hope may be that being held to answer and facing trial, she will plead guilty to something and earn them a conviction.

I would need to know a lot more about this case, but it sounds like a very very weak case on the gun. All she has to do is have her lawyer show the "guns" to the jury and that charge ought to fail. I can't offer any thoughts on the plasma cutter. Not enough info. Assuming I am correct and this "hearing" was only the preliminary hearing, the D.A. will clean up the address error at trial, so I don't see that being too critical.

If she wants a free consultation, she can call me. I handle cases in her area. And she can also review the articles at http://Dinday.com for further information.

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Answered on 4/13/09, 11:11 am


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