Legal Question in Criminal Law in California

Probation Search at residence where I am sleeping in my car

I was sleeping in my car, in the driveway at a private residence when the local sheriff department and the probation department decided to do a ''Probation Search''. They woke me up beating on the sunroof and asked me to get out of my vehicle. They were looking for an individual that had been reported as visiting the residence the previous night. They climbed in my vehicle and began to search it. I advised them of a loaded pistol on the passenger seat. During the time that they were in my vehicle, they found a small amount of methamphetamine. Is this a legal search? I was not on probation and they indicated that they were looking for a person. The car was a very small car and they could very easily see that there was no possible way a person could have been in my vehicle.


Asked on 12/27/00, 7:19 am

1 Answer from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: Probation Search at residence where I am sleeping in my car

It sounds like it may have been an illegal search and seizure, and if it was, the gun and the drugs would be inadmissible against you. You really should consult with a criminal lawyer. Most lawyers give consultations for free. If your case is in Los Angeles, I invite you to call me for a free consultation. My telephone: 310 393 0639

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Answered on 12/30/00, 1:19 pm


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