QUESTION
Can police search your house if looking for someone else?
Asked on Apr 13th, 2011 on Criminal Law - California
More details to this question:
I woke up to nightmare at 6am, someone banging on my door. When I asked who it was they said probation. Well being a person who has no legal issues and lives alone, I was not sure if I was being robed so. I asked how I can help them, they told me they were looking for a person with a name "not me" and asked me if I was that person. I told them they had a wrong address. They insisted I open the door or they would take it down.
I opened the door and see 20 armed police officers one with gun pointing at me. They said they were looking for a person who was on probation. Asked me again if I was that person, again I told them I was not. They said they had to search my house and proceeded to walk in as they ordered me to turn on the light and sit down at the chair as 15 of them raided my studio and bathroom.
I was so scared when I looked at the gun pointing at me that I did not ask for warrant nor I was given chance to ask for anything. They did not even ask for my id although they helped themselves searching my mail, asking me if I was on probation, how long I lived at this place, did I work, and where, left without sorry we don't have the right address or a person. I am just in shock, pissed off and violated. What happened to my 4th amendment rights? Is this legal?
3 ANSWERS
If the police had reasonable cause to suspect a suspect is in your house then they have to go to a Judge and get a search warrant. They can search your house for this person with out a warrant if they were chasing him and saw him go into your house, or if they have reasonable cause to think that someone is in danger or evidence is being destroyed. If searching for a person they are only entitled to look where a person may be hiding, not in your dowers or under your dresser.
Answered on Apr 18th, 2011 at 11:28 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Can they? Of course. Should they do so to the wrong person? No. Could you sue them for violation of your rights? Yes. Can you win that case? Probably not. You have been inconvenienced by their good faith mistake, but not injured or substantially damaged. The government and its agents have immunity from lawsuits for their mistakes.
Answered on Apr 15th, 2011 at 11:39 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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No, not legal. But the big question is what can you do about it. One thing is to write to Internal Affairs and report all these morons. Then the next guy who gets rousted and actually arrested can get a copy of your report and it will help him. You can sue the cops but I doubt you'll find a lawyer willing to invest all that time and money in a case that will probably not pay very much. Sorry.
Answered on Apr 14th, 2011 at 8:49 AM