Legal Question in Criminal Law in California

Search & Seizure/Stalking

I sued a person for harrasment and invasion of privacy. He got a TRO to prevent me from photoing his activities. He has surveilance cameras on my home. He sued me for contempt/stalking. At this trial the judge said no evidence of stalking. He went to another court for a search warrant fo stalking. The Sheriff admitted to knowing of the litigations in process but evidence for the upcoming trial was seized. We caught one of our chldren recently with narcotics. My wife confiscated it, I was out of town, and she lock it in a cabinet. Over the holidays she had forgotton it. In the same locked cabinet she keeps her small gun unloaded. The clip was in the same drawer. The police opened the drawer & found the gun, the clip, & the narcotics. The report says they found residual powder. (methamphetimine) We were charged with 646.9(b), HS 11377A and HS 11370.1A. Stalking charges were dropped. We also requested drug tests but were refused. Since the police knew of the ongoing litigation & the previous charges of contempt/stalking on the same prelim injunct in another court, was this an illegal search & seizure? And, since the gun was in a locked cabinet, unloaded with the clip out is this considered armed with a weapon?


Asked on 4/02/01, 3:09 am

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Search & Seizure/Stalking

There are no facts in your lengthy description upon which to reach a conclusion as to the legality of the search. The police would have needed a warrant to search. Your recitations of fact seem to indicate that the neighbor was instrumental in instigating a search. However, what your neighbor's role was, is impossible to tell from your facts.

Until charges are filed and you're given an opportunity to review the police report and search warrant, it is impossible to offer a legal opinion.

Can the charges filed by the D. A. include a gun charge - yes. Can you be convicted of having a gun, and somehow have it used to enhance the drug charges - who knows. The law turns on the facts, and there are insufficient facts to hazard a legal opinion as to what may be charged. My opinion is that D. A.s like to make gun charges to permit them to keep the guns and have them destroyed. Even if the gun allegations are dropped as part of a plea bargain.

No one will buy the story that your wife found some illegal drugs, didn't destroy them, and stored them in a locked container in the place the gun just happened to be.

People that recognize an illegal drug and don't use the stuff, destroy it immediately. Or call the police, and turn it over to them.

You may be able to plead to a PC. 1000 which is drug counseling, and the charges are dropped upon completion.

You need to get some advice from an attorney doing criminal law. And review the facts of the case with him/her when the charges are filed, and before your arraignment.

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Answered on 6/04/01, 11:03 pm


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