Search outside the scope of the warrant

[mike93457]

What is the name of your state (only U.S. law)? california

A raid was conducted by law enforcement, no one knocked, just went into the home, everything was searched, nothing found except some legal registered weapons which we notified them of their locations when asked. The scope of the warrant was for the the search of the entire property only, including vehicles, sheds, etc, but a storage unit was also searched about 10 miles away and this was not within the scope of the warrant. We later found out that they had a verbal authorization from a judge to search the storage unit, but the unit was searched in the morning and the verbal warrant was obtained after the unit was searched. The storage unit manager was give a copy of the search served at the property, not the verbal warrant. This was not drug related or anything like that, it was for misdemeaner charges concerning a code under pc 597.

Was it legal for them to go in and search the paid storage unit and then get a verbal warrant a few hours after the search? What is the name of your state (only U.S. law)? california

 

[The Occultist]

Did they find anything as a result of that search that is now being used as evidence against you? If not, then there is not a whole lot you can do outside of submitting a personnel complaint with the agency.

 

[CdwJava]

A raid was conducted by law enforcement, no one knocked, just went into the home,

Many warrants contain what is referred to as a "no knock" provision. This is generally done when there is an articulable threat to officers, residents, or to evidence should entry be delayed.

The scope of the warrant was for the the search of the entire property only, including vehicles, sheds, etc, but a storage unit was also searched about 10 miles away and this was not within the scope of the warrant.

Your attorney can move to suppress the evidence found in the search and will likely be successful ... unless someone with control over the unit gave consent, or, the judge gave verbal okay prior to a search of the unit.

This was not drug related or anything like that, it was for misdemeaner charges concerning a code under pc 597.

Animal cruelty? Oh, and search warrants are not issued on misdemeanors unless they are for stolen property. If this warrant was issued for animal cruelty, they are looking at you for FELONY animal cruelty.

 

[Zigner]

Animal cruelty? Oh, and search warrants are not issued on misdemeanors unless they are for stolen property. If this warrant was issued for animal cruelty, they are looking at you for FELONY animal cruelty.

Carl - think this is related to ****-fighting? (you know...roosters)

 

[CdwJava]

Carl - think this is related to ****-fighting? (you know...roosters)

I'm thinking dogs.

 

[mike93457]

I have show birds and they thought they were used for other reasons, I have my flock inspected by the USDA and CDFA all is healthy and when they came all birds were 100% healthy, being that they are dubbed and spurs are trimmed on some birds, they assume they are for illicit activities, but this is done for other reasons (show standards, health). If there were no felonies being commited is the search warrant still valid?

some(5) were seized per pc599aa, do they have a right to seize any birds if there were no arrests or citations? PC599aa starts off as "if an arrest is made" no arrest was made. Five counts of possession of gamefowl was filed 8 months later.

Thanks,

Mike

 

[CdwJava]

some(5) were seized per pc599aa, do they have a right to seize any birds if there were no arrests or citations? PC599aa starts off as "if an arrest is made" no arrest was made. Five counts of possession of gamefowl was filed 8 months later.

Thanks,

Mike

Yes, they can seize evidence without making an arrest. Whether a lawful seizure was made here is something you will have to take up with a court. If the animals were listed on the warrant, then they can seize them without the provisions of PC 599aa. Otherwise you may have grounds for their return unless they are also evidence of some other crime or the birds are otherwise unlawful to possess.

 

[mike93457]

Thanks for the information, I'll bring it up to my attorney to see if I can get the birds back.