Legal Question in Criminal Law in California

The police entered through my closed/unlocked gate knocked on the door. when i answered they said they were doing a parole sweep and told me to step outside. i told her two people myself included lived here and nobody was on any type of parole or probation. they ignored me and proceded to go in to my home asking where the other occupant was. they finally said my adress was listed as a parole adress for an individual. the adress is not posted anywhere on our property and because its a rural area 5 adresses are listed for that property Navigation systems \ i told him no one by that names lived here. my landlord arrived and told police that the individual they were looking for no longer lived here and she had documents in her hand proving he moved out 8 months prior to us moving in. they looked at the documents and ignored them then they asked if they could look around we said no along with the landlord who is the owner of the property. they ignored our answer and continued to walk and look around the property. they found something incriminating and arrested one individual.


Asked on 9/12/11, 1:14 pm

3 Answers from Attorneys
Joe Dane Law Office of Joe Dane

In any search issue, the police must either have a warrant or some other legal justification or excuse for not obtaining a warrant. Yes, a parole search can be a valid reason. However, it's not automatic that any address is fair game. The police must be acting reasonably. When confronted with proof and documentation that the person they're there to search does not live there, they should at least pause to verify that before continuing on.

From what you wrote here, it seems like a decent motion to suppress any evidence found during this illegal search.

The full case, including any documents the police had, as well as the statements of the defense witnesses and defense documentation will need to be examined fully.

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Answered on 9/12/11, 1:17 pm
Terry A. Nelson Nelson & Lawless

If YOU weren't arrested, or had property seized, there is basically nothing for you to defend against or evidence to suppress.

For anyone arrested, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, 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.

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Answered on 9/12/11, 3:49 pm
Anthony Roach Law Office of Anthony A. Roach

The person who was arrested can file a motion to suppress in the criminal matter. He or she needs to get an attorney. It may require testimony from you and the other tenant, and the landlord as well.

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Answered on 9/13/11, 8:51 am


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