Legal Question in Criminal Law in California

No search warrant,arrested at store after arrest police search home seized every

staight to facts I was arrestted for shoplifting at target,at time of arrested police harrassed me saying I didnt have a boyfriend that my kids were alone!I told them I did and give name,they then went for a so-called welfare check boyfriend answered door sherrif came in not invided by anyone arrested boyfriend saying no food or diapers,bullshit they then searched and seized EVERYTHING of any value as evidence.case closed been closed I have 3 D.A property releases they now say I must get court order for return of property .What gives them the right to do this ?they seized without search warrant isnt that illegal


Asked on 8/14/01, 2:46 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: No search warrant,arrested at store after arrest police search home seized e

The problem is that without a D. A. filing there is no court case number. So prepare a court order, leave the space for a case number blank, and ask the D. A. what to do about getting it signed by the judge. This can't be the first time this has happened. So I'm sure that there is a way to accomplish the matter.

Yes, it was illegal and a way of harassing you. File a governmental claim when it is all over to embarrass the police. Then keep at it and the police can then increase their harassment until you both have nothing else to do but keep each other busy.

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Answered on 8/15/01, 6:00 pm


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