Legal Question in Criminal Law in California

Sea rch & seizer

Redondo Beach p.d arrested 5 friends of mine in a garage. Four were charged with poss of meth & under the influ, one was charged with under the influ, witch was dropped (DA)reject.

the RBPD was looking for a nephew of one other the persons arrested.the nephew does not live there nor has he ever lived there. RBPD did not have a seach warrent. The garage door was shut, and there is a swinging door on the side of the garage , that was shut as well. When they entered they knocked did not say Police they just eneered. they had placed all five subjects in cuffs and then ask if they could search the house..they where told no and was advised that they would get a search warrent.. my friend said as long as you dont thrash my moms house..the then signed something allowing then to search for the nephew whitch was not there to begain with .the nephew was wanted for terrorest threat againgst this girl friend on the phone ..all though the nephew is know to visit hid grandmas house on a regular base.One of the five people who is the uncle is paralised and in a wheel chair .in fact all five subjects are exfelons only one was on parole and he was only charged with under the influ, that was droped..what do you think ofthe case??


Asked on 1/04/08, 11:55 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Sea rch & seizer

What does it matter the opinion of some anonymous person on line, other than to say that it is clear they all need counsel to defend the charges. The charges are not going to magically go away, no matter my opinion. The only opinion that matters is going to be the judge ruling on various evidence suppression motions and prelim hearings. The 'ex felons' may have had search waivers as part of parole and probation, and at least one of the people there consented to the search. Those are the issues to be fought over. Have them contact me if any are serious about getting legal defense and trying to stay out of prison.

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Answered on 1/07/08, 1:03 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Sea rch & seizer

It looks like there is a potentially serious search and seizure issue there but, like always, the devil is in the details. The police will claim some phony consent it seems. The question always is whether police lies can be proven. Seems to me you should have an attorney review the case for you - it could be beatable.

Jacek W. Lentz

Los Angeles, CA

310.273.1361

www.lentzlawfirm.com

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Answered on 1/05/08, 8:59 pm
Allen Farshi Law Offices of Allen Farshi

Re: Sea rch & seizer

You just stated that 4 of your friends are ex felons. Chances are they had already agreed to be subject to a search without a warrant.

Good Luck

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Answered on 1/07/08, 1:20 am


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