Legal Question in Criminal Law in California

Search Law Mandates of Execution

Is an officer within the law if they enter a dwelling without the occupants permission, person not at home, no one at home, look around and then get a search warrant to search the premises. The officers came in with no entrance being granted. The occupant at a later time came home and found a document stating what the officers had removed from the home. A search warrant was attached. However, the time of the search warrant being issued was at a time later than when the officers had entered the home. Witnesses will testify that they telephoned the home earlier in the day and that the officers answered ther phone, grilling the caller with questions asking if they knew if ther occupant sold pot or any other drug out of the home. he caller said that not to the knowledge of the person who was being asked the improper question. The officers were in the home when no one else was at home. They entered a locked dwelling. The occupant of the dwelling was charged with 2 felony accounts and remanded to custody when appearing on another charge.

The judge revoked bail and remanded the occupant to custody when appearance was made in court. The person charged with the 2 new felonies then had to post 31,000 dollars bail.

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