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?
4 Answers from Attorneys
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?
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
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.
Related Questions & Answers
-
I have problem, with my future inlaws, First they came and kidnap my grandson, and... Asked 12/30/11, 2:37 pm in United States California Criminal Law
-
I live in government housing and my home was broke into last night, my question is... Asked 12/30/11, 1:28 pm in United States California Criminal Law
-
On August 1, Governor Brown signed S.B. 687, a bill that amends California Penal... Asked 12/30/11, 9:06 am in United States California Criminal Law
-
Does the Police have to have probable cause to search someone? The person wasn;t... Asked 12/30/11, 12:08 am in United States California Criminal Law
-
I was falsely accused of grabbing another member at the gym steam room. i went to... Asked 12/29/11, 9:21 pm in United States California Criminal Law