Legal Question in Criminal Law in California

I got stoped for a posible dui by police,they called the highway patrol to do a dui test.The results were negative. The police seen 40 used batterys in back of my truck.They asked me where I got them I told them it was none of their buisness.So they put me in back of the cop car and contacted their dispatch.To inquirer about any battery theifts.The dispatch said their had not been any.So they decided to take my batterys and told me not to leave town.The next day detectives came to ask me questions I told them I wanted the batterys back.As to the anwsering questions I told them I would not.The did not read me my rights but put me in cuffs and drove me to the marysville jail.Where they tried to ask me again and I refused so they arrested me and read me my rights.MY QUESTION IS DO THEY HAVE TO HAVE A WARRENT TO COME TO MY RESIDENCE AND ARREST ME.


Asked on 7/25/10, 4:05 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Yes, unless they are in hot pursuit, or you consented to let them in and they then saw something illegal on the premises. But that would only allow your attorney to file a motion to suppress illegally obtained evidence.

You need to get an attorney. (And quit manufacturing Crystal Meth.)

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Answered on 7/26/10, 12:25 pm
Brian McGinity McGinity Law Office

I'm not really sure about the facts regarding the situation you have described. However, since you have been arrested I suggest you contact an attorney or ask the court to appoint a public defender.

It sounds like the detectives will claim they only went to your house to follow up and investigate further about the batteries and once there the events that unfolded are what led to your arrest. At this point anything other than you getting an attorney is really irrelevant. Start shopping for attorney and then ask your attorney these questions.

Good luck,

Brian McGinity

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Answered on 7/30/10, 4:32 pm


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