Legal Question in Criminal Law in California

I am looking for help with a question for class. Mr. Smith is arrested for burglarizing his neighbor, however the neighbor force his way into Mr. Smith apartment to see if his possession were there and then called the police, who arrived to arrest him for burglary, there was no warrant for the arrest. My reply was that There was no proof that Mr. Smith stole anything and that it could be a fact of the neighbor gave him things to use. It was the neighbor who forced his way in to Mr. Smith apartment. therefore the neighbor is so far can be charged wit penal code 602 and 594. unless Mr. Smith confesses I am not sure how he could be arrested or charged. This would be in California.


Asked on 2/09/14, 5:06 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

This site is not for helping people do their homework. That question was not designed for you to create a defense, but rather spot an issue. Don't you see an issue with private parties trespassing as an exception to a search warrant?

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Answered on 2/10/14, 7:00 am


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