Legal Question in Criminal Law in California

search warrant

when serving a search warrant to recover stolen property from a residence is it legal to for the victim of the alleged theft to come with the police and be allowed to roam unescorted through the alleged suspects home for hours as the police are busy in other areas of the residence paying no attention to what the victim is doing? Is is also legal for the victim to call other people who are not connected to the alleged crime and have them show up at the residence? This person (victim) has been back to the residence since this incident although he recovered most of his property. He is angry about the property he is missing and wants to come into my home and look for the missing items. The police knew nothing about this person as far as his demeanor or mental state when they allowed him in my home while they executed the search warrant. I was arrested for being in possesion of stolen property and I have not been to court to enter a plea yet. Also the search warrant was executed at 10pm and it clearly states on the warrant that it is not approved for a night search. I want to know if my legal rights were at all disregarded and were the police at fault?


Asked on 4/23/08, 7:36 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: search warrant

Your questions will all be answered - by the judge in ruling on the appropriate evidence suppression motions that will have to be made. Unless you are as experienced in the legal system as the professional prosecuting attorney trying to put you in prison, and know all the court rules and procedures of how to conduct criminal defense litigation, get an attorney

Read more
Answered on 4/24/08, 2:18 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: search warrant

When your attorney files the motion to suppress all this will be brought up. The police do not have the right to admit third parties onto your property, even with a warrant.

Read more
Answered on 4/23/08, 8:00 pm


Related Questions & Answers

More Criminal Law questions and answers in California