Legal Question in Criminal Law in California
I rent a duplex , the police raided my side of the duplex saying they had the right to, because my neighbor who rents the other side is on searchable probation , i told them i am not on any type of probation , & wanted a search warrant , the police then admitted to me [& on legal documents] that my side of the duplex was not on probation status but they would get a search warrant later which they did , 9 hrs later , during this time , they took me into detainment , while they sat in my home , & continued searching during their wait for the search warrant , then 9 hrs later when they had the search warrant ,they walked out with everything they had found while waiting for the search warrant to get signed . . . is this search warrant legal even though they broke down my door before they had it ? will it hold up in court ?
2 Answers from Attorneys
Obtaining a search warrant later does not rectify the earlier violation of your Fourth Amendment Rights. This triggers a doctrine known as fruit of the poisonous tree.
I assume that you are going to be charged with a crime. You need to get an attorney.
Assuming you get arrested and charged with something based upon the evidence found in the search, you'll get the answer to your question from the judge in rulings on your various evidence suppression motions, based upon all the facts and evidence available at the time. If not arrested or charged, you can file motions for return of your property, if appropriate.
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