Legal Question in Criminal Law in California

Can an officer go into your house without a warrant and arrest you for possession with a firearm?


Asked on 5/03/12, 4:32 pm

3 Answers from Attorneys

Elliot Zarabi Law Offices of Elliot Zarabi

Most often the answer it "no", unless there are exigent circumstances, like they knew someone's life was in danger, or they were pursuing a suspect that ran into his/her house...

Feel free to give me a call for a free consultation.

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Answered on 5/03/12, 4:35 pm
Terry A. Nelson Nelson & Lawless

Can an officer...? Yes, he physically DID didn't he?.

Can you fight the charges? Yes, by contesting his right and authority to do so legally.

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 that does, who will try to get a dismissal, diversion program, charge reduction, 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, using whatever defenses there may be.

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Answered on 5/03/12, 5:26 pm
Edward Hoffman Law Offices of Edward A. Hoffman

There are many situations in which an officer may legally enter a home without a warrant. Since you haven't told us anything about the surrounding circumstances, I can't say whether this officer acted legally.

If the officer improperly entered your house then you may be able to have the evidence he obtained as a result excluded. I say "may" because there are circumstances in which evidence that was obtained illegally can still come in.

You should get a good defense attorney asap.

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Answered on 5/03/12, 5:44 pm


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