Legal Question in Criminal Law in California
probation searchesI recen
I lost my home recenty and my insurance has covered a room in a hotel. The room is in my name.my old boyfriend has came to the motel to see me a few times since i've been here.He is on brobation.someone we have had problems with called the cops.told them that my boyfriend and and I were selling drugs. the swatt team came in and started searching the room. I told them my boyfriend was not staying here he was visiting. and I did not want them to search. hotel manager also told them they could not search.they found scales and a bag of meth and arrested us.Did they violate my rights.if so should I try and have the charges dropped?
2 Answers from Attorneys
Re: probation searchesI recen
The first thing you should do is to discuss the facts of your case with an attorney. If the scale belong to the boyfriend then he has little chance to have it suppressed. However, if the scale is yours you have standing to have it suppressed. If you lose on the supression motion then the DA will argue that you have admitted that the scale and meth are yours.
Re: probation searches
The fact that you refused consent to search, and that you are thinking of going to court and trying to have the results of the search suppressed indicates that you are a reasonably bright individual. Other things you said in your post indicate that, at times, you have done things that are not so bright. I wonder, for example, how come your house burned down. I think that with the assistance of a good lawyer you have perhaps a 50/50 shot at getting the search thrown out. But the judge is not going to want to let you off, since (as you admit) you guys were selling meth out of the hotel room. I wish you the best of luck but I am not optimistic.
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