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Im charged with under the influence . but the cops came in my friends fenced off yard un invited without a warrant should all e

Fairfield, CA |

i was stipping wire in my friends backyard and a anonomus caller said i wasnt suppost to be their. but i was.they came in through a missing bord on the fence and asked me were i got the wire i said i got it from a friend. then they said you look high because i was swetting.they took my wire took me to jail forced me to give blood now im charged with under the influence and probation violation.

Attorney Answers 2


Under the facts as presented, there would appear to be no violation of your Fourth Amendment rights. The police were investigating what they believed may have been a crime in progress based upon the telephone call. It was your friend's back yard that they went into, so they did not need a warrant, Even if they did, it would have been your friend's who would have charged the warrant-less search. As to taking you in for being under the infulence- they had the probable cause based upon the physical symptome observed, consequently, your rights were not violated.

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Why would it be a crime to be sitting on private property under the influence? They would still need probable cause to place you under arrest and I would think you could challenge the arrest. You need to hire a local criminal attorney.

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