Legal Question in Criminal Law in California

I am on probation and do not have July fourth amendment rights. I was pulled over in my car which yielded nothing illegal, and while in custody of police my home was raided and my wife and adult children were searched handcuffed and questioned, and sherriff said found meth sitting out in closet. They are charging me for meth for sales and probation violation and if I don't take blame state they will charge my wife, who has no criminal record at all.

is it legal to raid my home if I'm not present and in police custody? Does my wife have rights seperstevfrom me when I am in police custody? Also when is last possible day I can stop trial and accept plea?


Asked on 4/21/14, 6:24 pm

4 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

As a Former DA, I would need to go through the police reports and do some investigation into the matter. If you have a lawyer, ask him these questions. If you don't, then posting here is not very helpful for you. You need to speak with an experienced attorney. I wish you well....David

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Answered on 4/21/14, 7:00 pm
Anthony Roach Law Office of Anthony A. Roach

What are July Fourth rights? The right to use firecrackers?

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Answered on 4/22/14, 7:21 am
Joe Dane Law Office of Joe Dane

If you have a search waiver, then they can search your stuff without you being present. Yes, your wife does have rights, but because of your search terms, the police can search your stuff as well as the areas you have access to (including the bedroom, closets, common areas, etc.

You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.

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Answered on 4/22/14, 7:53 am
Terry A. Nelson Nelson & Lawless

You lost your right to object to searches of your person, vehicle, residence or any area you occupy. That is what a "Fourth Amendment Waiver" means when on probation or parole.

If you've been talking to police and prosecutors, and going through the system without counsel, you have made serious mistakes already. If you have an attorney, you should be talking to him for informed answers. We know nothing about your case or facts, and can give no legal advice except to clients, only general hints and tips.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 4/22/14, 11:53 am


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