Legal Question in Criminal Law in California

Re: illegal search

You have some great arguments. Make sure your attorney raises them, or give us a call. Larry wolf 866 YouAreInnocent Best of luck

Re: illegal search

Thanks for your posting. Consent to search doesn't have to be in writing, but must be given by someone with "authority" to consent to the search. Normally, the property owner doesn't have dominion and control over the premises, sufficient to overcome the defendant's right to privacy. As Mr. Mahurin stated, however, there are other grounds for a search, and the appropriate motion to bring is a Penal Code �1538.5 suppression motion, to suppress the evidence due to an illegal search.

If you have other questions, or need more information, please feel free to contact me via email at [email protected], or call my office at 1-877-568-2977, and I can help you in any way that I can. Best of luck.

clearly illegal

The search was clearly invalid, but there are many exceptions that police can use when performing a search that may validate it, so don't think you have won at this point. Speak to your attorney about filing a suppression motion 1538.

You landlord cannot give the police authorization to enter your home and search. If he opened the door, then you may have a trespass complaint barring some language in your rental or lease agreement.