Legal Question in Criminal Law in California

I live in california and I have been on the road working non stop since March 2010 I go home for a couple of days every two weeks. I have had a guy and his girlfriend keep an eye on my place and told them they could stay once in awhile. My house got raided yesterday while I am out of state. They said they issued a warrant on my house and they have been watching my friend for 2 weeks now and seen him coming and going from my house. They also went thru one of my vehicles and tore it up pretty bad. The detective said the warrant was for my house. Does that give them the right to go through my cars if it was not listed on the warrant? And do they have the right to tear up my house if he is not a resident there? And if I'm not listed on the warrant, anything they find like a hand gun under my mattress that is not registered, can I get into any trouble for it? Do I have to answer any questions pertaining to stuff they found in my house? How can they say if it was his or mine? Or how do I know they didnt plant something?


Asked on 10/01/10, 10:41 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Don't talk to cops. They will try to scare you, but don't talk to them. Ask for a lawyer. File a claim with your homeowners or renters insurance for the damage, or sue your former house guests.

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Answered on 10/06/10, 11:11 pm
Anthony Roach Law Office of Anthony A. Roach

They can't search things and places that aren't specifically mentioned in the search warrant. The fact that the car was not being operated, and was parked on private property, means they do not qualify for a warrantless exception.

They can charge you with what they find, or even claim they find. As Mr. Stone pointed out, I would not speak to them, but would contact an attorney, who may have to defend you if necessary.

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Answered on 10/07/10, 8:13 am


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