Legal Question in Criminal Law in California

illegal entry and seizure

I live in an appt. One of the neighbors called the cops and told them they smelled marijuana from my appt. When they came to the door the claimed to smell the marijuana and pushed inside. Once inside they looked around and found the marijuana. None had been smoked in over 2.5 hours. I recieved a ticket(possesion less than an ounce). What is the law on them coming in my appt. because one of the neighbors said they smelled it.


Asked on 12/08/07, 12:49 am

4 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: illegal entry and seizure

You may have defenses including illegal entry without warrant. That's not a magic wand, just a defense to argue. Get local counsel.

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Answered on 12/10/07, 10:54 am
Allen Farshi Law Offices of Allen Farshi

Re: illegal entry and seizure

The answer depends on the facts. Pushed the door ? absent excigent circumstances a warrantless search of your apartment can be challeneged with a motion to suppress. Otheriwse you can get diversion and a fine.

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Answered on 12/11/07, 9:43 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: illegal entry and seizure

That is a violation of the 4th amendment. Contact me directly.

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Answered on 12/08/07, 12:02 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: illegal entry and seizure

Generally, cops need a warrant to come inside. Looks like you could beat this one.

Marijuana and medical marijuana defense is my firm's specialty. Feel free to give me a call if you want more information.

Jacek W. Lentz

310.273.1361

www.lentzlawfirm.com

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Answered on 12/08/07, 1:31 am


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