Legal Question in Criminal Law in New York

Legality of search warrant

A search warrant was issued to search for items that I had allegedly stolen from my company. $42 worth of items a Petit Larceny charge. I have no record so instead without probable cause they searched my roommates records and used his information to get the warrant. Is this legal? He did not commit a crime or for that matter there was again no probable cause to look up his criminal records from 30 years ago and use that. Also 2 days before the warrant a police officer looked in our window to see what we have in here. Is that legal?


Asked on 10/10/02, 11:04 am

1 Answer from Attorneys
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Legality of search warrant

I'm not sure what you mean when you say they got your roommate's records to get the warrant. Do you mean his arrest record? If so, a rap sheet, by itself, cannot provide the probable cause to search your apartment. Perhaps there is more evidence that you are unaware of.

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Answered on 10/10/02, 12:54 pm


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