Can police conduct a warrantless search of the home of a child when the parent is not home? 6 Answers as of July 12, 2013Can a school resource officer/along with another police man detain a 17-year old and conduct a home search without notification to the parent, without a warrant, and without consent from minor's grandmother who was at home, but does not speak English?
Nelson & Lawless | Terry Nelson
CAN they? Of course. CAN you illegally speed on the freeway? Of course. But, there are consequences, intended or not, for every legal or illegal action, and possible defenses to every criminal charge. If anyone gets arrested as a result of the search, of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
Answer Applies to: California