Legal Question in Criminal Law in California

Private Property Part 1

Guy1 and 2 of his friends (Guy2&3) are on private property one night hanging out. The property they are on is at the end of a gated private road about a 1/4 mile long. The gate has a ''no tresspass'' on it. Guy 2&3 heard something unusual in the bushes by the house and went to look. They saw 2 sets of headlights approaching and thought their friends had arrived. Instead, it was 2 cruisers on a ''routine patrol.'' Guy 2&3 were questioned and detained for ''suspicious behaviour''. Guy1 was coming up from the garage when he also was detained, searched and then arrested because he had 6 vicodin in his pocket.My question is if the police have the right to be on private propety without a warrant ?


Asked on 11/17/05, 4:07 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Private Property Part 1

Maybe not, but their trespassing only violated the rights of the property owner and possibly, depending upon the facts, his invitees. You can't vicariously assert his property rights in your defense if you were trespassing. Besides, if you were trespassing you really can't complain that the police were, too.

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Answered on 11/17/05, 4:53 am


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