Can police conduct a warrantless search of the home of a child when the parent is not home? 6 Answers as of July 12, 2013

Can 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?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
It depends on the circumstances. A search of home without a warrant is justified only if there is consent or an emergency or the police are chasing a suspect who flees into the home.
Answer Applies to: California
Replied: 9/26/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
answer depends upon a lot of facts not included in your question.
Answer Applies to: California
Replied: 6/15/2011
Nelson & Lawless
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
Replied: 6/15/2011
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
That depends on the nature of the Search Warrant. For more information, please see my website or call me for a legal consultation.
Answer Applies to: California
Replied: 6/14/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
No this does not appear to be valid without more information.
Answer Applies to: California
Replied: 7/12/2013
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