Legal Question in Criminal Law in California

does a traffic warrent give permission 2 enter home without permission

babies momma got mad because she was intoxicated the night before and wanted 2 pick up my son,and i wouldn't let her. so the next morning at 6:45 am she shown up with the cops, well , i had a warrent for a prior traffic ticket so when i opened the door, i gave her my son and she walked away.. but, then the cops asked if they can come in, i told them no but, they insisted that they could because of the traffic warrent, they took me into the other room and searched me, well, they found a controlled substance on me and arrested me... do they have a right to enter with a search warrent and without proper cause, especially at that time of the morning.. besides it was my son too and she didn't have custody and i gave him to her right away so it wasn't like i was holding him from her..i know i shouldn't have had any drugs period and im working on that but, i feel like my privacy was violated..please help... can i fight it?


Asked on 8/11/05, 4:31 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: does a traffic warrent give permission 2 enter home without permission

It is called a "search incident to a lawful arrest." They had a warrant to arrest you, they had a right to come in and arrest you fair and aquare, and if you were holding, too bad. Next time deal with your ticket.

Read more
Answered on 8/11/05, 4:36 pm


Related Questions & Answers

More Criminal Law questions and answers in California