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What is Legal Search & Seizure in California

Yuba City, CA |

Ex wife was temporary house guest for 2 weeks. She did not have her own room, was not paying rent, had clothes in a suitcase. I left house to go to a friends. Upon leaving, she called police & falsely claimed I was doing drugs. I was stopped in a different city, did 4 sobriety checks, and released. HOWEVER, while I was gone, police came to my home but refused to do a search because ex had no control of property and they did not have a search warrant BUT now warrant for my arrest says: Ex wife "climbed through window, of locked shed using a ladder(which she had no access permission)& gave officers a "pipe" which had "residue". Additionally, there are 2 people on the lease but I have a warrant? The shed was my co-tenants property too. Where is the evidence I did anything wrong in this case

Attorney Answers 2


Good question, bad case against you. If its true or not, its unfortunately your problem now. I feel for you. The ultimate decision of whether a search or seizure or warrant is valid/legal is ultimately up to a judge. When you fight your case, your lawyer can attack the search with a motion to suppress under PC 1538.5. If you are successful, the evidence from the search can not be used as evidence against you. That would probably make the case go away.

Interesting how your ex knew right where to find the pipe, she could get charged. Someone had to tell the police who owned the shed and/or who has control of it. Police like when people confess to things, it makes their job easier. Which is why i recommend not making statements.

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Thank you. What makes this case so hard~ my ex & I have/had messy split. She has tried to accuse me falsely for 3 years. Judge warned her last time. She wants to leave state with boys~ I won't let her. She calls my brother Sgt of City and feeds him BS. This pisses him off. He initiated the stop by 2 undercover, 6 uniformed! They say "stop for unregistered vehicle". I call BS. Next day he says: I told them to detain you, I tracked your phone (he called me while I was driving~ Butt dial he said) But 4 sobriety checks., search of vehicle nothing. "I know everyone in both towns~DA & I are best friends & I wont have you tarnishing my carrier. My ex is good liar. She set me up. We had just argued about her not leaving the state. I know you hear this a lot~ but it wasn't mine. I never saw it. I wasn't doing drugs~ been clean now 2 years. Oh, next day she does civil standby, takes my phone, gives to my brother~ He told me "Your wife and kids are staying with me. Don't try to contact them". Within 3 weeks, ex and I make up so I can see kids. She's one I must always watch out for but now even though this is misdemeanor warrant, its wrong~ simply wrong. I saw the phot of what they took~ can be bought at any shop legally. "Warrant states RESIDUE". Give me a break. No warrant to search the house, & they let a house guest break and enter locked shed and then bring them a pipe??? seriously what is wrong with our system?


If you have a warrant you should be looking for an attorney.

A search is reasonable where police officer has a warrant or has probable cause + an exception to the warrant requirement. There are dozen or so exceptions. Only items that were found by the police or government can be suppressed.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

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