Search Was Done 3 Hours Before They Had A Warrent

[SSIE88]

What is the name of your state (only U.S. law)? CALIFORNIA There log shows i was arrested at 4:30pm wich is the time they said i was only detained i was never read my rights and only put in hand cuffs because i refused to let them search my home without a warrent, The Reason they said they were taking me was because of my Attitude? Is having a attitude described somwhere asa unlawfull act? i cant find it anywhere in the penal codes ?Then they took me to the police station where i sat for 5 hours,Somone els at my home who was detained,but does not live there said as soon as i left they entered my home and began searching it before they had a warrent, the time on the warrent says 8:45pm They started there search about 4:45pm: Then at around 9:45pm The officer asked me if i want to give a statment, I Then asked the Officer what am i being charged with? A statment? about what? Tell me what my charges are then I will give you statement,He then became very aggitated a left the room I WAS never read my rightS,then i was just transported to the county jail where even then i was never told what my full charges were,only untill i was bailed out i found what they were,

[JETX]

Originally Posted by SSIE88

i was never told what my full charges were,only untill i was bailed out i found what they were,

So, what WERE you charged with??

[FlyingRon]

There's no requirement that they inform you of your rights unless they are going to question you in custody. If you get charged with something based on the search, your lawyer will attempt to get that evidence excluded.

[CdwJava]

Originally Posted by SSIE88

i was arrested at 4:30pm wich is the time they said i was only detained i was never read my rights

Miranda rights are only required if they had you under arrest (or detained with force equivalent to an arrest), AND the police are going to interview you. If they try to use your statements against you, your attorney can make a motion to suppress.

and only put in hand cuffs because i refused to let them search my home without a warrent,

I doubt that was the real reason ... not unless they all wanted to be plaintiffs in a law suit.

The Reason they said they were taking me was because of my Attitude? Is having a attitude described somwhere asa unlawfull act? i cant find it anywhere in the penal codes ?Then they took me to the police station where i sat for 5 hours,

And you were booked or cited on what charge?

They can make an arrest for obstructing or delaying an officer per PC 148(a) ... what you were doing might have risen to that level. If you go to court, they will have to justify the arrest by articulable probable cause.

Somone els at my home who was detained,but does not live there said as soon as i left they entered my home and began searching it before they had a warrent, the time on the warrent says 8:45pm They started there search about 4:45pm:

Then I suppose your attorney will have an easy time suppressing any evidence seized.

However, take note that there are a number of reasons why the officers could have been inside, and they might also have had cause to conduct what is called a "protective sweep". Since we obviously do not know the details or the reasons cited by the officers, this is something only your attorney can address.

i was just transported to the county jail where even then i was never told what my full charges were,only untill i was bailed out i found what they were,

Yes, you were advised of the charges - they are on all the paperwork you received. if you tossed or lost yours, call the bail bondsman - they will tell you.

- Carl

[SSIE88]

THE DETECTIVES OWN WORDS WERE "IM TAKING YOU IN BECAUSE YOUR NON COOPERATION, WICH WAS TELLING HIM AND HIS PARTNER TO GET OUT OF MY HOME, AND NOT TELLING THEM WHAT THEY WANTED TO KNOW, THEY THEN DETAINED ME AND HAD A BLACK AND WHITE TAKE ME TO THE STATION, I WAS TOLD BY MY neighborS THAT AS SOON AS I DROVE AWAY THEY WERE UP IN MY HOUSE GOING THREW MY STUFF. THEY EVENTUALLY GOT THERE WARRENT AT 8:44PM , MY BOOKING CHARGES WERE 11377a HS 484(6)PC 496PC 487(A)PC

[Peligroso27]

So you are a thief, sorry alleged thief. Please refrain from posting in all caps. The fact remains you need a lawyer and fast. The police may have seen stolen property out in the open or had some probable cause to look in the plain view areas. The warrant would have been issued to search for more stolen property later on. Failure to comply with an officers lawful order is against the law. Why did you allow the officers to enter your home in the first place?

[outonbail]

How did the officers end up in your house to begin with?
What drug did they find?
Did they smell marijuana when they were in your house?