Legal Question in Criminal Law in California

What can Police do w/regards to entering, searching a private residence?

Ok, hypothetically speaking, let's say

that George is a recreational meth

user in very small quantity. What

can Law Enforcement do if his

landlord or a neighbor has told them

that they think George is doing

drugs? Can they break down his

door, in the middle of the night and

search his apartment? With or

without a warrant? Would they do

something like that simply for a

person who is occassionaly using?

Can they break down the front door

of a person suspected of using, not

selling, drugs? Not a felon either. If

they get a warrant, what is the

procedure, usually, that they follow

when serving it? Do they pound on

the door, yell that they are they

Police and then break the door

down? Do they have to follow

specific steps and if so what are

those steps? My friend George

thanks you immensely for your help.


Asked on 2/15/07, 5:36 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: What can Police do w/regards to entering, searching a private residence?

If they have a warrant, they can enter and search. If this happened to you, without charges being brought against you, then you may have a claim for damages and rights violation. If you are charged with a crime, defend it; hire an experienced attorney to do so. The facts will determine the outcome. Feel free to contact me if interested in defense.

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Answered on 2/20/07, 2:00 pm


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