Legal Question in Criminal Law in California

Safe Deposit Box Legal Search

Can police officer have legal rights to open my safe deposit box that was place it the closet? They search me outside of my house and found the keys on me. Then went inside of my house to search my house and found the safe. Is that legal?


Asked on 4/05/07, 12:16 am

4 Answers from Attorneys

Steven Mandell Law Offices of Steven R. Mandell

Re: Safe Deposit Box Legal Search

As said by the other 2 responses, there isn't enough information in your question to fully analyze your situation accurately. Constitutional questions like illegal search and seizure are very "fact driven." There are many additional facts that need to be known, and the only way to develop these "facts" is to sit down with a criminal lawyer and discuss it fully. Most criminal lawyers give free consultations. I do, so if you'd like to discuss this matter with me, please don't hesitate to contact me. Best of luck. Steve Mandell

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Answered on 4/05/07, 5:18 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Safe Deposit Box Legal Search

Did they have a warrent? If not then it must be analized under 4th amendment exclusionary rule criteria of reasonable expectation of privacy. Contact me directly.

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Answered on 4/05/07, 8:51 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Safe Deposit Box Legal Search

With the limited facts given thus far, a police officer needs a warrant to enter your home and/or personal locked safe therein. It appears the officer at issue made a completely illegal search, absent any recognizable exceptions to the warrant rule, and as such any evidence found inside your home or safe would be deemed inadmissible when challenged by your attorney.

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Answered on 4/05/07, 12:23 am
Terry A. Nelson Nelson & Lawless

Re: Safe Deposit Box Legal Search

Whether it is or not is up to the court to decide, based upon all the facts, if and when you bring a Motion to supress the evidence as part of the trial proceedings. Feel free to contact me if interested in legal defense.

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Answered on 4/05/07, 12:30 pm


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