Legal Question in Criminal Law in California

Circumstance

The question seems straight forward, but having some experience in criminal law, I am of the belief that not all the facts have been presented. For example, why did the police come to your house? Did you give consent to the search? Was the search incident to some other proceeding, like problems in the house or with one of the neighbors? If the police just drove up to your house, and you have never before been involved with the police in any way, then you probably have some valid arguments. However, when the case gets before the court, the police are going to justify their behavior and sometimes this means stretching the truth. Your past will play a significat role in the court's interpretation of the events. If you have any prior contacts, you are going to lose in criminal proceedings, but you may have a chance in a civil court. Unfortunately, you must pay for a civil proceeding unless you can find an attorney to accept the case on contingent.

Re: No Probable Cause

No police office has the RIGHT to search you without probable cause. The 4th amendment guarantees you the right to be free from unreasonable searches and seizures. Although, the conservative republican puppets on the supreme court (i.e. Scalia) have worked very hard at eroding those rights that soldiers have died for in order to protect you from government intimidation.

The police have found a loop hole to the idea the Miranda rights which were designed to inform you of your constitutional rights before the police took advantage of a citizens ignorance. That loop hole says that the only time that the police have to read you your rights is 1. after you have been arrested and 2. if the police are going to interogate you.

If the police merely place you under arrest they do not have to read you your rights. They can question you without reading you your rights if they have not placed you under arrest.

Basically, the police feel that they can do whatever they want because all that they have to do is lie about it and the judge elected by the cops and who is a former D.A. will never do anything about it.

Re: No Probable Cause

Thanks for your posting. Do you have the right to be searched without probable cause? No. However, with vehicles, the supreme court has stated that a "lesser expectation of privacy" applies, and that may play into whether or not probable cause existed.

As to your question about Miranda (6th Amendment) warnings, you must be advised of your rights before the police conduct a "custodial interrogation". Whether or not something was "in custody" or whether or not you were "interrogated" depends on the facts.

So what does one do if either of these were violated? You will need to have your attorney file a motion to exclude the evidence illegally seized, which is the only remedy for a violation of either constitutional amendment. I strongly urge that you have an attorney to do this, as it depends heavily on law and there are many cases in this area. Either way, best of luck.