Legal Question in Criminal Law in California

warrent to search premisis

I was detained at a friends house

as they were under investigation for

illegal substances. We were told,

not shown, that there was a

warrent to search the premisis. We

were handcuffed and detained on

site during their search. This was

not the first time this has

happened.

The first time this happened,

however, they gave each of us who

were detained a piece of paper to

sign that basically said, yes, we

were detained and released with

out any harm done. This time, we

did not sign anything.

Is this always done? Signing such a

release? Not a single one of us saw

a warrent. Do they have to show it

to us? Is it possible that they did

not have a warrent?

Thank you in advance for your

response. Any information you could

share would be appreciated. This all

took place in San Francisco, CA.


Asked on 6/28/09, 4:00 am

1 Answer from Attorneys
David M. Wallin Law Offices OF David M. Wallin

Re: warrent to search premisis

When a search warrant is executed, law enforcement should show the paperwork to the homeowner. However, that aside, usually when police say they have a warrant, they actually have one. That's not to say that later, a lawyer can't attempt to quash the warrant or traverse the warrant, which is why legal advice should probably be sought if arrests are pursuant to that entry. David Wallin

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Answered on 6/28/09, 8:09 am


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