In CA can undercover sheriff legally drive down a marked private road to the end where my house is to fabricate a affidavit?

Asked over 1 year ago - Placerville, CA

They came with a search warrant they had got by multiple lies. They drove down my private road twice once they say with a PG&E specialist that said he confirmned a clamp on bypass at the transformer. Witch wasn't true they never found one there was never one there. The second time they drove up to take pictures for the warrant. They didn't take any of their fabricated" bypass" though. They also stated to the magistrate that I had been convicted of 3 felony's in the past twice for cultivation & once for marijiunia sales & served time both times witch is escalating probable cause because I've only been charged & convicted of 1 felony cultivation & it was almost 15 years previous. Can they get away with this? Now I'm in court & can't go to the box because once they were here I'm guilty

Attorney answers (5)

  1. Seth Andrew Weinstein

    Contributor Level 15

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    Best Answer
    chosen by asker

    Answered . The police can only view what is visible to the naked eye. Undoubtedly, this Affidavit for Search Warrant can be traversed and quashed. If what you are saying is factual, then absolutely you can fight this case.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  2. Timothy V. Kassouni

    Pro

    Contributor Level 10

    3

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    Answered . In order to fully address your question, I would need to review the terms of the search warrant. It is unclear whether the warrant was civil or criminal. Civil inspection warrants by statute cannot be executed with forcible entry. If you objected to the entry (even with a warrant) a new warrant must be issued that allows for forcible entry.
    In addition, civil inspection warrants require 24 hours notice to the property owner. You could have a Constitutional property rights or state statute violation.

  3. Curtis Lamar Harrington Jr

    Contributor Level 20

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    Answered . clamp on the transformer (up the pole) or clamp/bypass around the meter?

    Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal... more
  4. Nicholas Milan Loncar

    Pro

    Contributor Level 17

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    Answered . Police don't mind lying to get warrants. Check this video out: http://www.youtube.com/watch?v=EHmP_KtmcB4 or the kopbusters.com website.

  5. William A. Jones Jr.

    Pro

    Contributor Level 20

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    Answered . You will undoubtedly receive answers from some of the outstanding attorneys licensed in CA who participate here. I've jumped in to say the following. Although it certainly is not clear from what you have posted, it appears to me that you may not yet have counsel representing you. What you describe raises all kinds of questions in my mind about the validity of the search warrant, but it will require an experienced criminal attorney to develop those issues. I highly recommend that you reach out to one or more of the CA attorneys who respond to your question to arrange a private conversation about your situation. Most of the lawyers here offer free, if limited, consultations. Take advantage of that to talk with one or more. They can "get away with this" if you do not have a good attorney there to prevent them from getting away with it. Good luck.

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