Legal Question in Criminal Law in California

Warrant issued by police Dept at night? What kind of warrant is that and is it legal? I will keep this as short as possible, I think someone may find this more than curious practice as I do. My husband was exiting an auto parts store while working tow truck driving, got in a started the truck only to be approached by 2 guys asking him to get out. He asked why and they proceeded to step up on truck and forcefully pull him out! He gave them his driver license (which they kept) and they got up into his truck and tore it apart after he said no to a search request. they strong armed him and threatened to beat him, get him fired from his job and made him stand to the rear as they did this illegal search. they then searched his person and reported they found a gram of meth in his shirt pocket. It gets better.......They said they will arrest him now unless he agrees to be a confidential informant for them.

gave him a phone number and told him to call it a noon every day and tell on people! or they will do all of the above to him. They called our phone numerous times and he told them he had nothing for them, they told him to come to the station next day and fill out papers. this is as I see it putting someones life in danger! sorry that is unacceptable. I called an attorney and he said next call tell them to call your attorney at .........which he did, they said nothing to that and just hung up on him. we did not hear back from these creeps until 2 1/2 months later they came to our place. I did not know them and would not open my door and they were giving fake names and didnt look like guys he would hang around with as well. I said "Do I know you? What did you say your names were?" Then they said open the door sheriffs dept, i said do you have a warrant and they broke through our window! They would never show the warrant or badges and took him away in cuffs, i called atty and the secretary looked online and said they walked into a police station and got this warrant the night before (tuesday) . What is that?

The report is of course all lies, said he told on himself and gave them these drugs. how do i find out what their probable cause was and how they got a warrant with this bull, he drug tested the next day and it was clean, they said he had burns all over his lips from smoking a drug pipe (lie) we can prove that, no probation no parole, has a record though but has been off parole and working for 2 1/2 years. No mention of informant bull in any report either . any thoughts here? Thank you for your time,.


Asked on 3/28/11, 1:54 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Thoughts? Yes. Hire him an attorney.

No amount of free 'tips and hints' from here or anywhere else are going to help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. With ANY crime being investigated, you potentially face charges that could put in jail/prison. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. Unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict you, hire an attorney who does. If you�re serious about hiring counsel, feel free to contact me.

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Answered on 3/28/11, 2:24 pm


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