Legal Question in Criminal Law in California

A search warrant was executed at my home for alleged methamphetamine. My front door was kicked in. They found a glass pipe which they left a property sheet. I was not arrested or taken to jail. What are the possible outcomes and what happened to probable cause?


Asked on 12/30/11, 7:13 pm

4 Answers from Attorneys

Glen Fleetwood Mister DUI-800-468-2-502

what happened to probable cause?

Give up trying to be a lawyer.

The police had a warrant, meaning they provided a judge infromation you have not seen, and a judge gave THEM A WARRANT!!!!

And the fact they found glass pipes is not a conincidence, right?

Read more
Answered on 12/30/11, 7:23 pm
David M. Wallin Law Offices OF David M. Wallin

The judge signed the warrant, which gave law enforcement probable cause, assuming the warrant couldn't be quashed or traversed. Finding a pipe would be a misdemeanor paraphenalia charge. The police were probably very upset they didn't find more. Have a great NEW YEAR....... David Wallin

Read more
Answered on 12/30/11, 8:57 pm
Anthony Roach Law Office of Anthony A. Roach

Police submit paperwork consisting of declarations to a judge, to have the judge issue a warrant. Those declarations can normally be seen and challenged, through a motion to traverse a warrant. In your particular situation, the declaration may be what is commonly called a "Hobbs Affidavit" which means it is sealed to preserve the identity of a confidential informant.

I suggest that you get an attorney, to explore whether the warrant was properly issued, and upon a showing of probable cause.

Read more
Answered on 1/01/12, 9:57 pm


Related Questions & Answers

More Criminal Law questions and answers in California