Legal Question in Criminal Law in California

During an interaction with undercover police officers, I was tricked into allowing them to go to my residence and search my room, because they claimed that I had been under surveillance, and they knew there was meth there. The reason for them rushing me with guns drawn was because allegedly they had seen me transact a drug deal. When they rolled up, I had $40 on me, and the guy in the car I was talking to had a small bag of meth found in his car. The way they rushed me with guns drawn & plain clothes, I was scared & thought I was being robbed at first. I was in duress due to guns being drawn and my pacemaker going off twice due to intense fear. Also, I was put in handcuffs (which they placed in front of me...stating to me I was NOT under arrest), and they coerced me by intimidation. They told me if I didnt consent to a search, they'd go get a search warrant and bust in with guns drawn and ransack the entire house. I rent a room with a private entrance from a random innocent family, who has no involvement in anything illegal. ANY reasonable person would never consent willingly and knowingly to a search like that...but with their threats and my fear, duress and intimidation, I consented to the search. After they left to search I changed my mind, but was given no opportunity to speak to a cop to state that I retracted it. Can I file and win a Motion to Suppress evidence? If so can I get back the $8000 they found in my room?


Asked on 6/21/12, 7:28 pm

4 Answers from Attorneys

Theresa Hofmeister Theresa Hofmeister, Attorney At Law

Hire a good attorney who regularly practices in the court where the case will be held. The only way to know the ruling on a motion is to write it and run it. Good luck!

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Answered on 6/21/12, 10:55 pm
Joe Dane Law Office of Joe Dane

Consent must be free and voluntary to be valid. If they threatened to get a warrant if you didn't allow the search, that may invalidate any "consent" you may have given.

Search issues are always fact-specific, so your attorney will need to review all the reports and supporting evidence in evaluating the viability of a motion to suppress the evidence.

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Answered on 6/22/12, 12:28 pm
Terry A. Nelson Nelson & Lawless

You can bring evidence suppression motions based upon those facts, but you'll get the only valid opinion and answer from the judge who hears them. Anyone else's opinion is mere speculation or sales pitch. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, etc.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight the criminal charges and get the best outcome possible, using whatever defenses there may be.

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Answered on 6/22/12, 1:51 pm
Edward Hoffman Law Offices of Edward A. Hoffman

You may be able to persuade a court to suppress the evidence found in the search. If so, that means it won't be used against you at trial. It does not necessarily mean the charges will be dropped or that you will get the cash back anytime soon.

As others have suggested, you need a lawyer. The court will appoint a public defender for you if you can't afford to hire one yourself. But you are in serious trouble, so you should do everything you can to get private counsel. Public defenders are usually very good lawyers, but they are overworked and can't give their clients very much time.

Good luck.

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Answered on 6/22/12, 2:08 pm


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