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illegal search yes or no?

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ojairon

Junior Member
What is the name of your state? calif

I had a fight with girlfriend she left home called police claiming I hit her which I didn't I left home when I returned she had let police in home they saw paraphenelia and charged me with possession of smoking device and under influence of controlled substance. Her address or residence was not this home and they knew that for she was on parole from a different county and they had already ran her. So my question is did they have the right to enter my home without warrant or my permission to enter. If not then there would or should of been no case to start correct?....even tho I gave urine etc they would of never suspected I was high had they not been in home what should I do, my PD at court slammed prop36 down my throat and wouldn't here my plea to illegal search and seizure because after the fact that they found what they did I signed consent to search but once again they would of never wanted to search had they not been let in home correct?
 


TYRIS

Member
ojairon said:
What is the name of your state? calif

I had a fight with girlfriend she left home called police claiming I hit her which I didn't I left home when I returned she had let police in home they saw paraphenelia and charged me with possession of smoking device and under influence of controlled substance. Her address or residence was not this home and they knew that for she was on parole from a different county and they had already ran her. So my question is did they have the right to enter my home without warrant or my permission to enter. If not then there would or should of been no case to start correct?....even tho I gave urine etc they would of never suspected I was high had they not been in home what should I do, my PD at court slammed prop36 down my throat and wouldn't here my plea to illegal search and seizure because after the fact that they found what they did I signed consent to search but once again they would of never wanted to search had they not been let in home correct?


- If your girlfriend was at your residence and called the police regarding a domestic violence incident, the Officers had a lawful right to be there regardless if you were not home.

Also the searches conducted were legal, take the prop 36.


Tyris
 

ojairon

Junior Member
Thats The Point She Wasnt At Residence When She Called The Police

Thats my whole point she wasnt at the house when she called she was a block away. And before they even returned to my home they had established that she was abscounding from her parole area. So how do they justify saying she let us in knowing she didnt live here???....They knew she wasnt a resident of the home. Plus there were no physical marks on her from a so called altercation she told them about. So they knew she was not telling the truth when she has said I hit her only moments before. At what point once inside do they get the right to open drawers etc looking for stuff??
 

BelizeBreeze

Senior Member
ojairon said:
Thats my whole point she wasnt at the house when she called she was a block away. And before they even returned to my home they had established that she was abscounding from her parole area. So how do they justify saying she let us in knowing she didnt live here???....They knew she wasnt a resident of the home. Plus there were no physical marks on her from a so called altercation she told them about. So they knew she was not telling the truth when she has said I hit her only moments before. At what point once inside do they get the right to open drawers etc looking for stuff??
Look up the phrase 'apparant authority'. The search was legal.
 

CdwJava

Senior Member
ojairon said:
Thats my whole point she wasnt at the house when she called she was a block away. And before they even returned to my home they had established that she was abscounding from her parole area. So how do they justify saying she let us in knowing she didnt live here???....They knew she wasnt a resident of the home. Plus there were no physical marks on her from a so called altercation she told them about. So they knew she was not telling the truth when she has said I hit her only moments before. At what point once inside do they get the right to open drawers etc looking for stuff??
My guess is that they assumed because she was there and because she probably said she was staying there that they entered on good faith. If she gave them consent to search and she claimed to live there (and there was some reason to believe she did ... like, her stuff being there) then they may well have good cause to search.

Bring it up to your attorney.

- Carl
 

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