Legal Question in Criminal Law in California

My rental was recently raided by the Orange County Sherriff.The search warrant they left for us to read stated the warrant covers, " any and all rooms, attics, basements, and other parts therein, the surrounding grounds, any garages, storage rooms, sheds, trash containers, safes, any out buildings of any kind located thereon; and any vehicle parked directly on the property, in the garage or associated to the premises". They further descibed as a single story family residence.

There is no mention of a home based business located in one of the front bedrooms. The door was deadbolted and had a sign stating the name of the business and that this was private property of the business.

They busted the door down anyway and ransacked the room just as they did to every other room in the house.

Can they do this legaly or do I have any recourse, like surpressing the evidence found in that room?? Can I use the Exclusionary Rule, of the Fourth Amendment, to filing a pre-trial motion to surppress the evidence found in that room??


Asked on 9/13/09, 10:59 am

3 Answers from Attorneys
Joe Dane Law Office of Joe Dane

Law enforcement is not required to leave a copy of the warrant - just a receipt for any property they seize pursuant to their investigation. There may be more to the warrant (such as a "piggy-back" warrant or addendum) that you're not aware of.

The entire warrant will need to be examined to determine if the business was covered in the warrant or not. If there isn't a clear connection to the target premises, there may well be a basis for quashing the warrant and/or exclusion of the evidence discovered in the business part of the property.

Again, without seeing all the warrant paperwork and the reports detailing the search, this is a general overview, but you're headed in the right direction. I've dealt with many warrants, both good and bad, and although a search pursuant to a warrant is presumed reasonable under the Fourth Amendment, it doesn't automatically mean you can't fight. I practice in Orange County - let me know if you want to discuss this case further.

www.joedane.com/about

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Answered on 9/13/09, 11:35 am
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Dane that there is no way to answer you with any confidence without firs reviewing the warrant. Having said that, I think the odds are against you. It sounds like the warrant allowed the officers to search the structure in which you live. Since your business is located within that structure, the warrant probably applied to the bedroom where you operate it.

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Answered on 9/13/09, 8:30 pm
Terry A. Nelson Nelson & Lawless

If you know how to effectively represent yourself in court against a prosecutor intending to put you in jail, there may be various suppression and dismissal motions, or defenses at trial, that you can use, based upon all the facts, evidence, witnesses, etc. If you don't know how, hire an attorney that does. If serious about doing so, feel free to contact me.

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Answered on 9/14/09, 3:31 pm


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