Warrant issued to my brother, I was arrested for non relevant charges after having my entire room searched, with no one home.

Asked over 3 years ago - Santa Barbara, CA

My brother was issued an search warrant for all electronics in the house hold, my name was not on it. No one was home and they entered and searched the entire home. When my brother arrived they refused to show him the search warrant and arrested him. Upon me arriving, they attained me, informed my mother I was under arrest for sales of cocaine (2.9 grams), in all six felonies and 15 min later served a warrant for me. I have no prior convictions, no history and all 13 of my registered guns confiscated. The warrant has a typo on the address (4367 instead of 4637). my girlfriend arrived, they attained her accused her of being an addict and under the influence, they made her take a drug test on premises to avoid being taken to jail, she was read her miranda rights prior to the test as well.

Attorney answers (3)

  1. John M. Kaman

    Pro

    Contributor Level 20

    Answered . If they searched the right house, despite the typo on the warrant, this is not going to help you. In the course of your brother's search the cops apparently found things in the house that caused them to charge you. 2.9 grams of cocaine and 13 guns? You need an attorney as soon as you can get one.

  2. Robert Marshall Sanger

    Contributor Level 15

    Answered . All three of you should get attorneys as soon as possible. Hire the best crimnal defense lawyers you can find. If any of you cannot afford an attorney, then that person can apply for the services of the public defender.

    Your attorneys will look at the warrrant and determine if there is a basis to quash or traverse the warrant or otherwise move to suppress evidence. The Fourth Amendment dose require the warrant to describe the place to be searched and misdescriptions can sometimes lead to suppression of evidence. In addition, if there is a warrant to search for electronics, drugs come oiutside to scope of the warrant. However, if the officers could see contraband in plain view while in places where they were lawfully entitled to be while looking for electronics, then the seizure of the drugs may be legal. This, too, is a question to take up with the lawyers.

    They could not arrest you based on a search warrant. However, if they were lawfully in the premises, you entered and they had probable cause to beleive you committed a felony, they could arrest you. There are some nuances here so, again, take it up with your lawyer. All in all, you are facing serious felonies and a life changing experience if you are convicted.

    Talk to the lawyer and good luck!

  3. William Carlos Makler

    Pro

    Contributor Level 12

    Answered . I agree with my colleagues. Either hire a lawyer now or call the public defender and see if they'll provide you some meaningful advice and service before court. If they can't or won't, clam up until you meet with them in court.

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