Legal Question in Criminal Law in California

illegal search and seizure law

male&female RV breaks down on public residential street. He wants to get over sized RV out of the road way so asks home owner if it is ok is he parks RV on prop. while he gets a tow or maybe just a quick fix property owner gives motorist permission for RV to be on prop. 10 min or so after this city pd arrive on the scene stating a call came in about an RV. male is on parole so police search RV finding drugs and a pistol that does not have the parolee finger prnts on it. Parolee is chg w/possession felon in poss of HG. was this an illegal search since the RV was on private property and the prop. owner gave ok for temp. parking due to stall even though the subj. was on parole. and how can the male parolee and his female companion also be charged for the hand gun in other words she agreed to ride the beef as she had no prior arrest or convictrions....


Asked on 2/21/09, 3:28 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: illegal search and seizure law

I see nothing illegal about the search. That the homeowner allowed the RV on his property does not immunize it from otherwise legal searches. The police are allowed to conduct parole searches at any time without warrants. The interests of justice would not be served by letting parolees prevent such searches this way.

It is possible to possess something without actually having it on your person and without leaving fingerprints on it. It is also possible for two people to simultaneously possess the same item. You haven't provided enough information to say whether the woman might be guilty, but there is nothing inherently wrong with the charges.

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Answered on 2/22/09, 8:43 pm


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