How can you tell if the search warrant procedure is legal? 3 Answers as of March 29, 2012

My husband and I were raided we were staying in our RV on a friends property they did not searve us with a search warrant and we asked several times and were told we would receive a copy when we got to the jail. the warrant was for the property of where we resided in our rv as well as the house of our friends, and all other areas such as out buildings extra. we never did receive a copy of the warrant nor a list of things taken from our rv,the owner of the property and the house did receive one when they finished with the search. My husband and myself were booked in jail and were visited by detectives where they advised us they had recorded our whole conversation in the back of the police car with out our nowledge and we sat in there for a good 2-3 hrs while they searched everything on the property. Upon leaving to the jail we requested to have the keys to our RV and truck taken with us to the jail and to speak with the owner of the property and were refused both. when I was released from jail and arrived at my rv to find that everything we owned had been stolen and that the sheriffs had given our keys to the owner of the property. Can I sure the sheriffs and the sheriffs Department for giving the keys to our property to someone we would not have given permisson to be responsible for our things they had no right to give them to anyone whom were not of ownership, there were copies of both my rv and my truck keys made . My truck has been stolen and wrecked since then in the middle of the night while i sleeped and they continue to enter my rv while Im not present. The theft of our belongings totals around 7,000. not counting the damaged to my vehicle wich continues to happen on a weekly bases from the air being let out of my tires to scratched and dents extra. can I sue the owner of the property since he accepted the keys making him responsible? I feel he accepted responsiblity when he took the keys to our property.What can I do? I have not made a police report bec

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
All claims and objections to searches and seizures, or use of statements or confessions, are made through appropriate motions in pre-trial and trial proceedings. The judge will rule and give his opinion, based upon all the facts and law cited in the motions. Any opinion I would offer here would be merely speculation pulled from thin air. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, etc. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.
Answer Applies to: California
Replied: 3/20/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You should discuss the procedures before and after the search with your attorney. Warrant, if valid allows the search. If illegal stuff is found during the search, you can be arrested. [reasonable belief of involvement nd your presence can be a basis for that belief]. Probably immune as to any damage including loss of property as a result of the search arrest. May be able to use the statements in te car. (See North v. Superior Court (1972) 8 Cal.3rd 301- tape recording of a marital conversation unlawful invasion of protected privacy privilege. )
Answer Applies to: California
Replied: 3/20/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
It's unclear whether you need advice on any criminal charges. Have any been filed? Have you been ordered to appear in court. You should consult an attorney right away if you have been or think you will be arrested or charged. There are many things about your story that present possible grounds for evidence suppression and defense strategies. But, only an attorney with knowledge of all the details can advise you. With regard to the theft of your property, it was improper for the sherrif to give the keys to your RV to a third party, unless they reasonably believed he owned the RV. If you told them that you were the owner, you probably have a case. But, you would need to consult a civil attorney for that. You could also potentially sue your friend for conversion of your goods that he stole. Since you say your damages were only $7000, it might be best to sue in small claims court (here in CA, you can sue in small claims court if the damages are $7500 or less) where you can proceed without a lawyer and costs are cheaper. But, I would consult an attorney first. Most will give you an initial consultation for free.
Answer Applies to: California
Replied: 3/29/2012
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