Legal Question in Criminal Law in California

If a police officer knocks on my door and when I answer it he concludes I have been using a controlled substance, is that enough of a reason for him to search my home without a warrant?


Asked on 2/08/12, 3:44 pm

2 Answers from Attorneys
Glen Fleetwood Mister DUI-800-468-2-502

Depends what you answered when he asked you where you got the drugs. If you said "I have a prescription right here" and showed him the bottle; "NO!!!"

But anything else, "Yes"!

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Answered on 2/08/12, 3:51 pm
Brian McGinity McGinity Law Office

It really depends on the circumstances and the specific facts surrounding the events that lead up to the encounter with the law enforcement officer. I agree with Mr. Fleetwood regarding the Officer asking you where you did get the drugs. However, you have more privacy in your home but the Officer is free to make his observations and if his observations give him probable cause to search your house, then he can search your home.

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Answered on 2/08/12, 6:02 pm


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