Legal Question in Criminal Law in California

Re: searches

No.

Re: searches

If your asking whether criminal charges against you can be 'beat', my opinion doesn't matter, and is of no value to you, other than to encourage you to defend yourself in court against any charges brought. The opinion that does matter is the judge's, after hearing all the facts, law and arguments in a timely brought evidence suppression motion, and again at preliminary hearing possibly.

If you weren't arrested, and you're asking whether you can sue the police, the answer is that you can file your government tort claim for damages, and follow up the expected denial with a lawsuit, if you think you can produce facts and evidence that will prove they acted outside the scope of their authority. They may have, based upon your limited statement of facts.

Either way, if you're serious about getting the legal help you'll need, feel free to contact me.

Re: searches

Based upon the facts you presented, the search appears totally illegal. Police do not need a warrant to search a residence only in some very limited circumstances.

Civil suit for damages probably is not worth while but I do not offer to give you a definitive opinion here. Based upon what looks like blatant misconduct by the police, one thing you could do is to file a complaint with the Police Department. I would not hold my breath expecting some real punishment or discipline here but, at least, your complaint would become part of their public (sort of) personnel file. It could be used in the future by people who were similarly mistreated by the same officers which could undermine the officers' credibility and effectiveness to testify at suppression motions, trial etc.

When making an official complaint you need to weigh real life risk of some kind of retribution/harassment by the officers. Can happen, especially in small corrupt towns and in movies of course too.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: searches

The short answer is no. But I need more information. the remedy is as motion to suppress, but the proponent whoever it is must show standing to assert this 4th amendment violation.

email your telephone or call me.

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