Legal Question in Criminal Law in California

No search WARRANT # 1

On tuesd the 8th, 2 sherif officers got into my friends place looking 4 a parolee who they said was living there. My friend said he did not live there and that the parole Officer should have the person's address. On thursday I was at the same friends house I was going to take this puppy home with me that the day before I had taken to the vet because it was bleeding heavily through the nose, and all of the other siblings had already died. I was waiting for my friend to finish taking a shower so I could use the bath, to change my tampon. The entrance to the bath is through the bedroom. The roomate knocked on the door and said the cops are here looking 4 a parolee. I came out of the room and they stormed in. my friend had pot in and admitted of being his. They questioned me and asked me what I was on and, said they were going to test me. I replied that I would be glad to take a test but I was only going to do it with the presence of a lawyer. uppon which they handcuffed me and said I was not under arrest but detained, I was charged as being under the influence. Miranda rights was never read. They taped the whole thing, the whole time I was saying I dont understand whats happening I need a lawyer. They never found the Parolee there.


Asked on 7/14/08, 5:08 am

1 Answer from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: No search WARRANT # 1

As stated, the officers were outside the authority of a "parolee" check? maybe not outside a Parolee warrant? don"t know for sure. ( parolees have been known to give false addresses to their PO's) Your arrest..assuming no test given??? probably is going nowhere. May be a 148 if you interfered with lawful officer conduct??? No requirement to read you your rights if no interrogation by officer...not like TV. If any charges filed you can get the tape and info on parolee address for motion to suppress evidence.

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Answered on 7/16/08, 8:11 pm


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