Legal Question in Criminal Law in California

search warrants probable cause?

We loaned some $ to a borrower who left collateral. (The same day a search warrant was requested) 3 days later the borrower brought a controlled substance to us & said it would be another day to pay back the $. Within 12 hrs the dogs & about 8 or more officers looking & tearing up my home. The property is on a ''U'' shaped parcel of 30 acres, the mail box & home is located on one street, which changes about 800 ft. on the other side. The search warrant was addressed for the other side of the property, not the side where the home is located on. They found 8 gms. which was 6 more then we knew we had, a stolen gun, & some of the 8 gms was cocaine. They left a property sheet of what was taken for evidence, which was given to me. Only one of them took the collateral & left a sheet with the item marked ''safekeep''. Is there an entrapment issue? Along with property address search was in error. They dropped with gun charge. Why? (we aren't going to argue with) I feel that I have been set up & privacy invaded on the info from some informants that were wanting to C.O.P. & never producing evidence like sales/transporting, even the wired informant didn't get incriminating evidence. I will not go to prison. Their case is lies, fight Iwill


Asked on 4/01/06, 6:27 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: search warrants probable cause?

Entrapment occurs when police push someone into committing a crime he never would have committed had they not pressured him into it. The police don't even show up in your story until after the crime had taken place, so I see no entrapment issue based upon the facts you have provided.

Whether the search exceeded the scope of the warrant depends upon many factors which you have not discussed. Additionally, there are circumstances under which police can search without a warrant at all; if such circumstances were present in your case, having an insufficient warrant wouldn't make a difference.

Your question doesn't say what the charges against you are, so I can't assess the strength of the government's case. But intent to sell can often be inferred from possession of a large quantity of drugs. Transportation of controlled substances can be proven if the drugs were found in one place but were previously in another and were under your control throughout. The lack of incriminating statements is not an issue, even if having such statements would have made the prosecutor's case stronger.

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Answered on 4/02/06, 8:43 pm


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