search and seizure for victims of violent crimes

San Mateo, CA Viewed 51 times. Posted 4 months ago in Criminal Defense

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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Answers (2)

Matthew Edward Williamson

This attorney is licensed in California. Posted 4 months ago.

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

Edward Jerome Blum

This attorney is licensed in California. Posted 3 months ago.

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