Is it considered an illegal search if I was not the the police were looking for? 7 Answers as of July 04, 2013

Officers knocked on my door looking for the guy who was staying in the back house for parole check... when I opened the door the officer twisted my hand back and searched me.... was that an illegal search? Now I'm charged with felony possession and looking to deportation.

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
I imagine the police report reads a little different from your account. My guess is that their version will give a justification for restraining and searching you. However, Fourth Amendment issues are very complicated and turn on details. You should have a good attorney review the police report and the evidence against you.
Answer Applies to: California
Replied: 7/14/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Interesting issue. It may be an illegal search if the police actions in going to your door were unreasonable. On the other hand if it was an honest and reasonable mistake the search might be upheld. You will need your attorney to get all the reports and evaluate it further.
Answer Applies to: California
Replied: 7/12/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
If the person on parole was residing at your home then he gave up his right to search and seizure and the police could enter the home. However, when they searched you the search may have been unlawful depending upon if they "patted you down" and found a hard object in your pocket or did a full body search without your permission. A felony can land you in prison so you should not waste any time and you should contact our law office where we have helped people in your situation fight their felony cases for over 30 years.
Answer Applies to: California
Replied: 7/12/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
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. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. 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.
Answer Applies to: California
Replied: 7/12/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
Properly evaluating any violation of your Constitutional rights as they pertain to search and seizure requires a much more detailed and thorough analysis of the facts surrounding the search and police contact. Your best bet is to contact an experience criminal defense attorney to sit down and do so. Good luck.
Answer Applies to: California
Replied: 7/11/2011
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