Legal Question in Criminal Law in California

Re: Search warrarts and probable cause

Yes, vast majority of the time the ruling that the search was illegal will apply to all occupants. However, there might be exceptions as different people might be positioned differently with respect to the search. For example, some people might have a justifiable expectation of privacy in certain parts of the house and not others.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: Search warrarts and probable cause

Mr. Lentz's answer presumes that all of the defendants live in the residence that was improperly searched. Your question says only that they were all arrested there, not that they all lived there. Those who did not live there cannot complain about the illegal search because it violated only the rights of the home's occupants. A defendant cannot have evidence from an illegal search excluded unless the search violated his own rights.

Even if some or all of the other defendants can get the evidence obtained via the search excluded, that does not mean they will be entitled to dismissals. The prosecution may have other, non-tainted evidence against them. Their case against the defendant who won the dismissal may have been weaker than the cases against the other defendants, so his victory does not necessarily mean their motions for dismissal will also succeed.