Legal Question in Criminal Law in California
How many times can they raid my home?
How many times can the police raid my home,never finding anything to arrest me on?Can`t I sue for harrasment or something?its happened 4 times in the past 2 mos.
1 Answer from Attorneys
Re: How many times can they raid my home?
You pose a very thorny problem. If the police have
no search warrant, the answer is that they never
can search your home.
If the police have a search warrant, then ten days
following the serach, you have a right to see the
written affidavit under oath which supported it.
Just ask the Court Clerk. It is a public Record.
Now, imagine that I were a very bad criminal, I
might fake like I was commmitting a crime about
four times, let the police search, find nothing,
and then seek a restraining order against further
searches while I really did the crime. This is a
stretched hypthetical. But, it is difficult for the
Courts to restrain future law enforcement.
If it were me, I'd want to know the written reasons
why they invaded my home the times they have already
done and I would get the affidavits to read.
Good luck.