Illegal entry and illegal search

[lady_tracey]

What is the name of your state? California
5 days ago, I was sitting in my boyriends motor home that is parked in the driveway of his mothers property. two friends came over and knocked so i opened the door. the second person had just entered when approx 2 seconds later the door was jerked open and an ununiformed male said this is no joke, cops, everyone get out.
My boyfriend was in his mothers house at the time. No cop ever knocked. The cops first questions were whoise motor home was it and where was (third party being looked for). Neither me or my boyfriend are on probation or parolle. cops never asked to go in motor hom, just went in. then evidently found some meth around the corner on a shelf. Unseen when looking in motorhome. THe 2 people who came over were not being chased. cops told me they were following one all day looking for her boyfriend.
was entry legal and is search illegal?
all four of us chargd with poss contr substance and poss pareph.
1 fel and 1 misd.
I was booked (1st time ever at age 40) and rel on ol.r.
my boyfriend had chargeds dropped by da as did girl cops were following. and she is on probatoin. 4th individual claimed dope as his and had parole revoked. i alkso claimed dope as i didnt want my boyfriend who owned motor home in trouble

 

[stephenk]

so you do use meth or your boyfriend uses meth or you both use meth?

 

[lady_tracey]

in the past we were but havent in years and neither of us has ever been arrested or charged with meth use or possession before.

 

[I AM ALWAYS LIABLE]

My response:

Your boyfriend was either on parole or probation, correct?

IAAL

 

[lady_tracey]

no. neither of us has ever been arrested or put on probation. the 2 other individuals who came over were on probtion and parole. but the cops werent even asking about drugs, they started asking about a third person not even there.

 

[calatty]

Under the Fourth Amendment, the police cannot just enter someone's house without a warrant unless there are emergency circumstances or they get consent. But it is unlikely the police will just admit to entering and searching the home without a warrant. Look at the police report. They probably say that they knocked on the door, you or someone let them in, and they saw the meth lying in plain view on a shelf, which would make the search legal. Your attorney will determine whether it is worth moving to suppress the evidence, knowing that the judge always believes the police over the defendant. If this is your first offense, you might qualify for drug diversion by which you can avoid a conviction if you successfully complete a probationary period.

 

[JOEDOGG]

Some who are intimately involved in the criminal justice system believe that officers frequently tell "small lies" in order to justify unlawful searches and seizures. See Ted Rohrlich, Scandal Shows Why Innocent Plead Guilty, L.A. Times, Dec. 31, 1999, at A1 (former Kansas City chief of police "believes hundreds of thousands of police officers tell those kinds of lies in court every year" and current Ninth Circuit judge "has called this kind of police perjury widespread").

 

[Theodore Bundy]

Some who are intimately involved in the criminal justice system believe that officers frequently tell "small lies" in order to justify unlawful searches and seizures. See Ted Rohrlich, Scandal Shows Why Innocent Plead Guilty, L.A. Times, Dec. 31, 1999, at A1 (former Kansas City chief of police "believes hundreds of thousands of police officers tell those kinds of lies in court every year" and current Ninth Circuit judge "has called this kind of police perjury widespread").

I've read about how LA cops used to call it "testiLYING"