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?
1 Answer from Attorneys
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).