Legal Question in Real Estate Law in California

cops came in took a picture of our garage, the reason why is that we have a tv and bed in the garage. Why would they take a picture and what i do if they come back again?


Asked on 9/15/09, 9:48 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Are you sure you fully described the reason why the cops took pictures? I'd suspect they had additional reasons. Even zoning violations like turning a garage into an apartment do not usually get you a visit from the police -- that's a job for a civilian inspector from the zoning or permit authorities.

In any case, there is a fine line between what can be done with and without a search warrant, either by the police or the zoning enforcement people. If they come back, I'd politely ask if they have a warrant signed by a judge - and if they have one, take a careful look at what it says and demand a copy to keep.

If they don't have a warrant, politely inform them that you believe they are making an unconstitutional warrantless search, and ask for an explanation. Take down the explanation on a note pad, and get the name and badge number of the officer. Be courteous and cooperative, but ask questions and write down the answers.

Afterwards, you'll be in a better position to challenge any evidence or testimony regarding the fruits of the search.

If anyone in the household is subject to warrantless search as a condition of parole or probation, the answer is obviously different. Also, not all zoning, building code, etc. inspections require a warrant by any means, but the inspector should be able to articulate why one isn't required (and you should write down what he says).

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Answered on 9/16/09, 12:14 am


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