What is probable cause to raid a house with no search warrent?

Asked over 2 years ago - Glendale, CA

My nephew was raideded and police went broke down door n went in without a search warrent he was told that they didn't need one they had a tip he was selling weed. When his mom got there she demanded a search warrent n they did get it after 5 hrs. They found 2ounces of weed, he does have his weed liscence they took his phone and wax paper they said its packaging material his girlfriend had just bought for cooking. Any ways he got arrested for sales of weed I bailed him out. Can a tip be a probable cause to raid.

Attorney answers (3)

  1. Barry Franklin Poulson

    Contributor Level 20

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    Answered . They do not have to have the warrant WITH them, so a key question will be when it was issued. You can help him by hiring a criminal defense attorney to go over the search line by line, word by word. Tip may be enough for a warrant, but hard to see a basis to just bust in. See an attorney.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more
  2. Sean Anthony Brady

    Contributor Level 15

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    Answered . They should have had a warrant, unless there were additional circumstances you have not mentioned. An attorney may be able to suppress the evidence found, which would likely mean the charges being dropped. Tell your nephew to remain silent. He should not discuss this matter with ANYONE, including you, and especially law enforcement, until he speak with an attorney. He should go meet with a few attorneys and hire the one he feels most comfortable with. Most offer free consultations.

    Michel & Associates, PC
    (562) 216-4444

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  3. Jose Carmelo Masso IV

    Contributor Level 11

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    Answered . As the other posters have stated, to conduct a search the police need a warrant or there must be circumstances present permitting the police to conduct a search under a warrant exception. Based on the facts you stated it appears a warrant was provided, although it was not presented when the search was initially conducted. As the others have suggested, your nephew should seek immediate counsel from a criminal defense attorney to determine if the search was in fact legal.

    This answer is provided solely for informational purposes only. This answer does not constitute legal advice,... more

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