What is Legal Search & Seizure in California

Asked almost 2 years ago - 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)

  1. Daniel C Grupenhagen

    Contributor Level 15

    Answered . 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.
    .

  2. Tai Christopher Bogan

    Pro

    Contributor Level 18

    Answered . 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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