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Search and seizure for victims of violent crimes

Asked over 2 years ago - San Mateo, CA

I was a victim of a violent crime. At the time i was on prop 36 probation. I was assaulted on the street, picked up by an ambulance and taken to the emergency room. While being treated the police went to my place of residence and searched the house. Is this legal even though I'm not present?

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Attorney answers (2)

Matthew Edward Williamson

Reputation Level 15

Answered over 2 years ago. Bankruptcy Attorney in Monterey, CA.

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Maybe.

Here is the first issue, did they find something and are they attempting to use it against you.

If the answer is no, I'd let it do because it's not worth the frustration. If they did find something, then your attorney will look to see the terms of your local prop 36 program and whether they were violated - if so, they will move to keep the evidence out.

Good luck with you situation.

Matthew Williamson

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Edward Jerome Blum

Reputation Level 16

Answered over 2 years ago. Criminal Defense Attorney in Los Angeles, CA.

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Matt's answer is top notch. I agree with his assessment and would just add that your probation may have a search condition that allows the police to search without warrant or cause.

Edward Blum

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