the local authorites (state of California) were givin permission to search a house (only the house) but then conducted a search in the storage unit away from the house, but on the same property. would this be a violation of California Constitution, article I, section 13 provides or the 4th ammendment. the outcome of this sittuation is: The authorites searched this storage unattended and (found?) a small amount of meth. they mailed my landlord a letter stating what they found. and now by law the landlord has to kick my family and I out or she gets sued by the city. Yes i believe there could be foul play, but thats besides the point. what im saying is if they violated my 4th ammendment cant i use that to keep me and my family from moving? or am i gonna have to spend christmas trying to find another home....
2007-12-07 08:38:44 · 5 answers · asked by Kristian G 1 in Politics & Government ➔ Law & Ethics
Thank your lucky stars, find another place to live, and get yourself into treatment for your drug problem.
The police who searched would probably be able to use the fruits of the search against you if you gave them permission to search. You could argue that the search was beyond the scope of your consent, but you would have spent a bunch on a lawyer, and still likely loose, unless the consent were written, and recited exactly where the search were to be conducted. As long as you stood by and let them continue to search without withdrawing your consent, they were probably good to go.
It may be that they feel they overstepped the search consent, which is why they only sent the letter to your landlord, and didn't forward the case to the District attorney for prosecution. Be aware, however, they could still do that. If I were you I would not kick up a fuss, threaten to sue for violations of constitutional rights, or even catch the attention of the officers, for fear they will decide to go forward with the criminal prosecution. Statute of Limitations very from state to state, but could be 5 years or more.
2007-12-07 10:23:05 · answer #1 · answered by Cindy B 6 · 0⤊ 0⤋
Anything dealing with search and seizure is covered by the 4th amendment. No State has the authority or power to change or manipulate the amendment. Usually, a law emforcement entity conducting a"voluntary concent" search of a habitation must state what they are to search. This voluntary consent search can be stopped at any time by the occupant. However, in your case, did they find something in the house? If so, this may give them "probable cause" to search further.
2007-12-07 08:51:38 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The contraband (meth) they found would probably be inadmissible in a court of criminal law (under the 4th amendment).
What has happened between you and your landlord is NOT a criminal matter, but a civil matter and in a society where anyone can sue everyone for anything, the issue becomes an entirely different matter. All the landlord has to do is show a preponderance of proof and not the actual evidence (the meth).
2007-12-07 09:33:22 · answer #3 · answered by Albannach 6 · 0⤊ 0⤋
The consent you signed for sear probably read "property" and not "house"
2007-12-07 08:51:39 · answer #4 · answered by topdawgco97 4 · 0⤊ 0⤋
as long as they had a something signed to search everything no they cant
2007-12-07 08:47:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋