Legal Question in Criminal Law in California

Illegal search and detainment

Hi, an officer responded to a false alarm at our family business( this place is not opened to the public it stores the truck and equipment. He knows the identity of my brother who was at the place of the business during this false alarm.However, the officer stated at this point of contact and questioning was if my brother was on the call list for the alarm company which he stated that he was. My brother futher explained to the officer that during that particular week we were having trouble with the system. 3 min. after contact with my brother the officer performed a sobriety test for drugs even though the initial contact was for an alarm. The officer arrested my brother for under the influence of a controlled substance. They hauled my brother to the police department and drew blood and yes it was determined he was under the influence. The officer never called the alarm company or the property owner to confirm if my brother was in fact on the call list. If an officer witnesses a crime be committed in front of him for example, my brother did a line in front of him or was cutting up a stolen car I can see the officer having a right to pursue with this type of search BUT if it was determined that it was a false alarm

Is this legal ?


Asked on 1/25/08, 9:09 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Illegal search and detainment

Whether it is 'legal' will be determined by the judge in response to various suppression motions that could be made. The ultimate outcome of the case will be determined by the DA and defense attorney in negotiations on a 'deal', or by the jury at trial. Sure, it sounds like he has grounds for defense if he was on private property, etc. Have him contact me if serious about getting counsel to defend him, if the case is in SoCal courts.

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Answered on 1/28/08, 4:45 pm


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