Can they do this?

[guyman]

What is the name of your state?
California

Can they do this?
I am 18 years old. Last night supposedly someone reported my license plate number and said I was involved in a shooting. Then the police came knocked on my door and came in uninvitingly. Then they took out their pistol and arrested me, without reading me my rights. They searched my room without a warrant too. Then they took my car key without asking, and searched the car. Then they had it impounded and said it was for evidence. Once I got to the police station, they tried to find gunpowder on my hand. They didn't find any gunpowder and released me. They still kept my car as evidence though. Can they do this? And what actions can I take against them?

 

[Just Blue]

What is the name of your state?
California

Can they do this?
I am 18 years old. Last night supposedly someone reported my license plate number and said I was involved in a shooting. Then the police came knocked on my door and came in uninvitingly. Then they took out their pistol and arrested me, without reading me my rights. They searched my room without a warrant too. Then they took my car key without asking, and searched the car. Then they had it impounded and said it was for evidence. Once I got to the police station, they tried to find gunpowder on my hand. They didn't find any gunpowder and released me. They still kept my car as evidence though. Can they do this? And what actions can I take against them?

Yes, they can do that...and there is no action you can take against them for doing thier job...

 

[guyman]

Well howcome I can't get my car back since they released me?

 

[smutlydog]

What is the name of your state?
California

Can they do this?
I am 18 years old. Last night supposedly someone reported my license plate number and said I was involved in a shooting. Then the police came knocked on my door and came in uninvitingly. Then they took out their pistol and arrested me, without reading me my rights. They searched my room without a warrant too. Then they took my car key without asking, and searched the car. Then they had it impounded and said it was for evidence. Once I got to the police station, they tried to find gunpowder on my hand. They didn't find any gunpowder and released me. They still kept my car as evidence though. Can they do this? And what actions can I take against them?

When it involves a situation that dangerous they can raid the house without a search warrant. Think of it this way. You could have been in the house killing someone while the cops were downtown trying to get a search warrant. Not counting driving time it takes about an hour to prepare one.

 

[seniorjudge]

Well howcome I can't get my car back since they released me?

Because your car is still evidence.

 

[guyman]

When it involves a situation that dangerous they can raid the house without a search warrant. Think of it this way. You could have been in the house killing someone while the cops were downtown trying to get a search warrant. Not counting driving time it takes about an hour to prepare one.

But they said the shooting was at some place.

 

[seniorjudge]

But they said the shooting was at some place.

Actually, I have read that 100% of shootings are at some place.

 

[outonbail]

Actually, I have read that 100% of shootings are at some place.

Well now, I read that 100% of shootings were at some time?

Just goes to show, it all depends on where you were at and what time you were at where you were,,,,,

Just don't ask me why,,,,

 

[acmb05]

When it involves a situation that dangerous they can raid the house without a search warrant. Think of it this way. You could have been in the house killing someone while the cops were downtown trying to get a search warrant. Not counting driving time it takes about an hour to prepare one.

If the incident had taken place at the home. If it took place somewhere else then no they cannot just knock on your door and commence to searching your house.

Btw did they find a gun?

 

[CdwJava]

I am 18 years old. Last night supposedly someone reported my license plate number and said I was involved in a shooting. Then the police came knocked on my door and came in uninvitingly.

Did you tell them they were not welcome inside?

Did someone else let them in?

Opening the door and stepping to the side (not barring entrance) can be seen as implied consent. Whether it is or not is up to a court to decide.

Also, if you had supposedly been involved in a shooting and they good cause to believe you might be armed, they could have every right to do a protective sweep of the room to make sure they were safe.

Then they took out their pistol and arrested me, without reading me my rights.

They only have to do that when they are questioning you after you are arrested. This is real life and not TV.

They can arrest you without a warrant in your doorway or inside your home if they were lawfully present.

They searched my room without a warrant too.

The law permits them a "protective sweep" of the area you were found in.

Then they took my car key without asking, and searched the car. Then they had it impounded and said it was for evidence.

They can seize property as evidence. Chances are they need to await a search warrant before they can do much with it just yet.

Once I got to the police station, they tried to find gunpowder on my hand. They didn't find any gunpowder and released me.

However, the lack of GSR (gunshot residue) does NOT exclude you from being the shooter or from being a participant in the shooting. Perhaps you drove the shooter away from the scene?

They still kept my car as evidence though. Can they do this? And what actions can I take against them?

Yes they probably can (depending in the details). And you can hire an attorney or ask them when you can get the car back.

- Carl

 

[tranquility]

The forum members are concerned about an arrest inside the house without a warrant. That is good as such an arrest is presumptively unreasonable. To overcome the presumption in this case, the police need probable cause and exigent circumstances. Here, depending on what happened, an exigent circumstance could be "fresh pursuit."

In People v. Gilbert (1965) 63 Cal 2d 690. there was a 2 1/2 hour investigation between a murder/robbery and warrantless entry into the suspect's home to look for him in fresh pursuit. In People v. Daughhette (1985) 165 Cal.App 3d 574, it was held the tracing of a robbery suspect by a vehicle description and license number justified a warrantless entry.

Factors to decide whether exigent circimstances exist were named in People v. Williams (1989) 48 Cal. 3d 1112 as: The gravity of the offense, Whether suspect is reasonably believed to be armed, Whether probable cause is clear, Whether the suspect is likely to be found at the premises and, the likelihood the suspect will escape if not promptly arrested.

Here, the OP wrote:
"Last night supposedly someone reported my license plate number and said I was involved in a shooting. "

A "shooting" seems serious and implies the suspect is armed. If a good witness described the shooter (assumed, I understand) and the car and if there are bullet holes in people or property, seems like good PC to me. Finally, if, on arrival the car described is there, I think it is somewhat likely the suspect would be found at the premises.

Even without a warrant, the entry looks good to me. Even if it was not, I don't think qualified immunity could be overcome if a Civil Rights suit were contemplated.