Legal Question in Criminal Law in California

I was renting a room in which an incident occurred that got me arrested for terrorist threats.After already having been detained and in the police car cuffed the officers searched my roomwith my landlords permission and with my loud and clear objection to such.II wasnt asked or even told of a search but had realized it when i saw 2 officers go back into the house.when i saw this i made a fuss in the back seat of my objecting to it.Since I as the suspected threat in the home was removed and detained did these officers violate my 4th amendment rights by searching the private room without my consent or a warrant?Apparently pictures were taken of my room and my husband reports to me that when he later came home that evening our room was completely ripped apart and in shambles apparently officers were looking for a gun that the supposed victim claimed I said I had a gun.Were the officers wrong to search my room after my detainment and already had my personal being searched?


Asked on 11/08/10, 11:47 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

You'll get your answers about what and why they did things, and whether they were 'legal', but only after your attorney gets the discovery files in court at your arraignment. Once you have all the pleadings and police reports, then your attorney can determine if there are grounds for evidence suppression or other motions, or defenses to use in plea bargaining or trial. Without knowing all those factors, any opinion would be pure speculation. If you don't yet have counsel, and are serious about doing so and getting that legal help, and if this is in SoCal, feel free to contact me.

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Answered on 11/13/10, 2:25 pm
David M. Wallin Law Offices OF David M. Wallin

For law enforcement to enter your room, they need "apparant authority" to enter or exigent circumstances to get around a warrant. I'm not sure what an officer will put in his report to substantiate the search so I can't answer the question with anymore specificity. You either will get a public defender, if you can't afford a qualified attorney to be your legal counsel. Most criminal attorney's are available for FREE consultations, as are we. I wish you well. David Wallin

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Answered on 11/13/10, 2:34 pm


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