Was my friends arrest legal? 8 Answers as of August 04, 2011

I am looking to get evidence thrown out from a search. The police came to my friends apartment and said they was there because of a report of id theft and ask to check his computer. My friend at the time was off his meds for several months at this point and told them that they can. When the officers went into his apartment they started to get on his computer and my friend said that he was going to the store across the street to get a pepsi and the officers told him that will not be a good idea because he will need to be there while they was checking his computer. The officers found child porn on his computer that I know was not his and that he never saw before. I believe his former female roommate put the files on his computer to get him arrested. He was never read his rights and I am not sure what to do because if he lose or take a deal he will be mark as a sex offender.

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
When your friend gave permission to search his residence, he waived his 4th amendment right to be free from search and seizure. No motion here. The defense of the child porn is more complex and a lawyer should be consulted before anything happens.
Answer Applies to: California
Replied: 7/20/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Youve asked, and been answered on this question already. Seeking a different answer is fine, as long as you arent just paying someone to tell you what you want to hear, because you dont like the truthful answer you already got. Your friend will get the final answer from the judge at the conclusion of appropriate suppression motions and hearings. 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. However, unwisely giving consent to police to search waived his claim of illegal search. There are consequences to all actions, intended or not. Suppressing this evidence will be difficult. He already ignored the normal advice, to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone about the case except an attorney. The police reports will make interesting reading for him. To your friend: Of course you can fight it. 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, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. There is no magic wand to wave and make it all disappear. 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. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 7/28/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
If your friend gave the police the okay to search his computer contents and they found illegal stuff on there, then it is likely they can use it against him in court. It is critical he meet with an experienced criminal defense law firm now who knows how to help him.
Answer Applies to: California
Replied: 7/19/2011
Law Offices of James A Bates
Law Offices of James A Bates | James A Bates
The DA will argue that the evidence is admissible because the resident consented to the cops' entry and search. His attorney should explore whether his consent was obtained illegally, such as submission to authority, or by threat. If the evidence is admissible he must defend the charge based on the facts. His former girlfriend had access to the computer so everything on the computer is questionable. He will have a problem, though, if the porn can be traced to his own credit card number or if there were text communications associated with it.
Answer Applies to: California
Replied: 7/19/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, the arrest was entirely legal. Your friend sealed his own fate when he allowed the cops to search his computer. Cops ask for a reason: they need permission!
    Answer Applies to: California
    Replied: 7/19/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    If you are not an attorney, you can't "get evidence thrown out". There is much more to it than simply saying "it's nt his". I don't see what being off his meds has to do with him consenting to a search. Instead of asking this type of question on an open forum, your friend should be speaking with attorneys in an attempt to hire one to represent him. The DA will not simply drop charges because someone says "I didn't do it".
    Answer Applies to: California
    Replied: 7/19/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    The search was legal. The police asked your friend for permission to do the search and he gave it to them. He needs a good attorney to help control the results.
    Answer Applies to: California
    Replied: 7/19/2011
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