probable cauze 4 search warant??????

What is the name of your state? ca. a friend of mine was leaving my house on a non drug related matter. as he exited my house police arrived. as they knocked on my door they also questioned him and had asked permission to search him, he declined but got searched anyways. they were searching my house with my permission,common areas only,my son is on probation so i allways allow searches except 4 my locked bed room when they found my friend had drugs (a 30 rock) on him they detained me in my house for two hrs while they got a search warant. my friend told them he had brought the drugs with him to my house.and yes there were drugs in my room. half of an ounce .i was then arrested for possesion for sales and just got sentenced for my first offence to two years and eight months in state prison. was my search legal and can i appeal it???

[I AM ALWAYS LIABLE]

Originally posted by mrevul
What is the name of your state? ca. a friend of mine waz leaving my house on a non drug related matter. az he exited my house police arrived. az they knocked on my door they also questioned him and had asked permission to search him, he declined but got searched anywayz. they were searching my house with my permission,common areas only,my son is on probation so i allwayz allow searchez except 4 my locked b room when they found my friend had drugz (a 30 rok) on him they detained me in my house 4- 2 hrz while they got a search warant. my friend told them he had brought the drugz with him to my house.and yes there waz drugz in my room. .5 of an ounce .i waz arrested 4 poss 4 sales and just got sentenced 4my 1st offence 2 2 yearz 8 mos in state prizon waz my search legal and can i appeal it???

My response:

When you decide to spell your words correctly, and stop acting like a criminal punk, we may decide to help you.

Zo, zat waz a cluez.

Fricken idiot.

IAAL

Once again IAAL you da man.
Or shuld I say U ZA MAN

[calatty]

In case you came here for advice, not insults, yes, you should appeal. That way an attorney will review your case to make sure the proceedings were legal and proper. You have 60 days to file a notice of appeal and should ask your attorney to do it. The mere fact that the police found drugs on someone leaving your house did not provide them with probable cause for to search your room. If that was the only fact supporting the search warrant, the search may not have been valid. You didn't say what drug they found, but two years two months is a lot of time for a first time drug offense. You might have also qualified for Proposition 36 probation and drug treatment.

[I AM ALWAYS LIABLE]

Originally posted by calatty
In case you came here for advice, not insults, yes, you should appeal. That way an attorney will review your case to make sure the proceedings were legal and proper. You have 60 days to file a notice of appeal and should ask your attorney to do it. The mere fact that the police found drugs on someone leaving your house did not provide them with probable cause for to search your room. If that was the only fact supporting the search warrant, the search may not have been valid. You didn't say what drug they found, but two years two months is a lot of time for a first time drug offense. You might have also qualified for Proposition 36 probation and drug treatment.

My response:

Another in a series of ULTRA LIBERAL responses by non-attorney CalAtty. Her rule is, "Let's keep the criminals on the streets."

Apparently, CalAtty is also familiar with the less educated of our society, and is willing to coddle those who purposefully use the letter "z" in place of the letter "s".

CalAtty would rather see an admitted criminal creating more problems for society than to help keep society safe.

We "applaud" you CalAtty!

IAAL

CalAtty is back!!! Oh boy!

What is a 30 Rock anyhow? 30 grams? Just because your friend declined search doesn't mean they can't search him anyhow. Yeah it's legal. Your friend may have said "oh man.... this sh*t is his". And what do you mean he was leaving your house on a nondrug related matter? Does that mean he normally leaves it on a drug related matter? There's your probable cause right there. And you always allow searches? Well it's no wonder you got busted.

hmmbrdzz

[charlie neville]

by none other than IAAL. You proport to be an attorney, yet offer very little legal 'advice', rather you most often exhibit this psychological need to put others down for a variety of reasons. I suspect it's brought on by your frustration in failing in life and a need to vent.

By my calculations you've made almost 17 posts a day in the threee years you've been a member. When do you have time to be in court?

charlie

[I AM ALWAYS LIABLE]

[quote]Originally posted by charlie neville
[B


"When do you have time to be in court?"

charlie


===========================
My response:

None of your damn business, Charlie Numbnuts.

IAAL

[charlie neville]

example of IAAL's frustrations with life. To quote Imus, "Eat me!"

charlie

[I AM ALWAYS LIABLE]

[quote]Originally posted by charlie neville
[b]example of IAAL's frustrations with life. To quote Imus, "Eat me!"

charlie

=================================

My response:

You're really letting the criminal side of you come through loud and clear.

Hey, Charlie Numbnuts, how's your Restraining Order doing?

Are you staying away?

IAAL

P.S. - - Neville, Neville, hmmm. Wasn't that the name of Steve ******'s character in "The Jerk"?

[charlie neville]

....another!

charlie

[stephenk]

what happened between the time you were arrested and when you were sentenced. Was there a trial? did you plead guilty? What were the charges filed against you and what were you ultimately convicted of? Were you represented by an attorney? If attorney represented, was there ever a motion filed to suppress the evidence due to an illegal search?

Calatty, Prop 36 diversion applies to drug users not drug dealers. If the amount found in the house was beyond the amount considered for personal use along with evidence of sales - baggies, scales, large amounts of money - the court wont allow diversion.

Finally, by having the son, who is on probation, live at home, the house and occupants may be subject to the terms of the son's probation - open to random searches, no drug users on the premises, no drugs on the premises. The fact that a person leaving the house had drugs may have been enough to search the house as a probation violation.

[calatty]

stephenk, I agree with you that if he pled guilty to possession for sale, he did not qualify for Prop 36. As to the search, since it was mrevul's son and not mrevul who was on probation, could a search of areas not under the joint control of the probationer, mrevul's locked bedroom, be justified as a probation search? See, e.g., People v. Smith, 95 CA4 912, a probation search may be conducted only of those portions of a residence they reasonably believe the probationer has complete or joint control over. I also question whether the presence of drugs on a visitor to the premises could provide probable cause for a search warrant of mrevul's bedroom, if the visitor claimed to have brought the drugs with him and assuming no evidence to the contrary. At least the issue is not open and shut.

[stephenk]

my impression from the post is that the police obtained a search warrant before searching the bedroom. the time to object to the search would have been before trial or during the trial. appeals courts typically do not consider the appeal if the party failed to object at the trial level.

[stephenk]

Navin R. Johnson, was the adopted son of a poor black sharecropper.