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  1. #11
    Join Date
    Sep 2005
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    California
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    Default Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    Quote Quoting llworking
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    Carl, the OP did say that the guy listed the OP's address with the DMV, which is one source that the police could/would access for an address.
    HOW does the OP know this? Has the guy gotten mail there? Hence my question. I have heard a great many people make similar claims over the decades without any real proof other than paranoia or rumor. And, even if the bad guy had done this, it seems he has addressed it by changing the address ... which, I didn't know one could do on someone not you. But, I've never tried it.

    And, note that the DMV is but one source for an address to be used on a search warrant. I know that I have never relied solely on one source for an address when used in a search warrant, and certainly wouldn't use it as the lone source when seeking dynamic entry. Understand that MOST search warrants are low-key affairs and no not involve surrounding a home with cars with flashing lights. Most arrest warrants are handled the same. In fact, most arrest warrants do not GET a home visit, they only get served if the bad guy is contacted out and about or in the course of normal patrol or other routine activity. There are too many warrants out there for law enforcement agencies to expend their limited resources on serving arrest warrants. There are hundreds of thousands of arrest warrants in CA, unless this guy is wanted for attempted murder or something, the police are not going to be hunting him down in any dramatic fashion.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  2. #12
    Join Date
    Dec 2009
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    Lake Chapala
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    2,957

    Default Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    I am confused. (Even more than usual, if you can believe it!) Is the OP saying that the bad guy is using his address as a maildrop, and he's worried the cops might search and seize his home because of this? Or is it because the bad guy has used his address as a maildrop, and as a result, the cops have already searched and seized his home?

    Because the answers to the former and to the latter may be completely different.

  3. #13
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    Default Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    Quote Quoting eerelations
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    I am confused. (Even more than usual, if you can believe it!) Is the OP saying that the bad guy is using his address as a maildrop, and he's worried the cops might search and seize his home because of this? Or is it because the bad guy has used his address as a maildrop, and as a result, the cops have already searched and seized his home?

    Because the answers to the former and to the latter may be completely different.
    SOUNDS like the OP believes this guy is a bad guy and has given the DMV the OP's address ... but, for what, I'm not certain. Mailing address for a DL or ID Card? He appears to have since corrected this. It sounds as if the OP is afraid that because this guy is a bad guy that the police might use that DMV record as good cause to seek a warrant to search or force entry into his home. I don't THINK it has happened, and I would think it has a very miniscule chance of happening if this is the whole of the story.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #14
    Join Date
    Nov 2013
    Posts
    6,497

    Default Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    We don't have the entire story here. If OP's hands are clean, then there will be no busting down door to find the bad guy. If a warrant was issued for the OP's premises and OP cooperates, it's self-resolving. On the other hand, if OP is complicit in something, well then they have something to worry about.

  5. #15
    Join Date
    Jan 2006
    Posts
    38,767

    Default Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    Of course one could simply defer to the demands of the cops but why should one? My personal space is my personal space and without valid cause, the police have no business checking it out. I would be quite reluctant to simply go along with a search I know was based on invalid info.


    If the guy has proof the “bad guy” has actually used his address, which about the only actual proof would be there was a drivers license delivered to ops home, op needs to contact the dmv and inform them of the issue and return the drivers license.

    op also needs to mark all mail titled to the bad guy as “addressee unknown” and return it to the post office. If such mail continue to be delivered, op needs to speak with the local postmaster.


    what this really sounds like as much as anything is somebody trying to set up a defense to argue a search is invalid because of his claimed story. I can’t see the ruse being depended upon if op takes the proper steps to disavow the claimed residency to the proper authorities.

  6. #16
    Join Date
    Jun 2014
    Posts
    3,090

    Default Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    The OP could have marked all mail addressed to the ex neighbor with '"Person mail is addressed to does not live at this address" and returned the mail. The DMV would have noted the address was not correct.

  7. #17
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    Default Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    Quote Quoting jk
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    Of course one could simply defer to the demands of the cops but why should one? My personal space is my personal space and without valid cause, the police have no business checking it out. I would be quite reluctant to simply go along with a search I know was based on invalid info.
    Of course, if they appeared at your door with a search warrant, you likely would not know what info was used to obtain it, and the cops are not going to stand outside and adjudicate the merits of the probable cause affidavit (which will not necessarily be in their possession, anyway). Resist and you could be detained or arrested. Challenging it later, sure.

    If the guy has proof the “bad guy” has actually used his address, which about the only actual proof would be there was a drivers license delivered to ops home, op needs to contact the dmv and inform them of the issue and return the drivers license.
    It sounds as if the OP found out that bad guy had changed his address to the OP's address with the DMV somehow, and then the OP went to the DMV to correct it. Assuming he is telling the truth, then that's curious at best. Though, as I mentioned, relying solely on a DMV address as proof of residency might be weak for the purposes of a search warrant.

    op also needs to mark all mail titled to the bad guy as “addressee unknown” and return it to the post office. If such mail continue to be delivered, op needs to speak with the local postmaster.
    Yep.

    what this really sounds like as much as anything is somebody trying to set up a defense to argue a search is invalid because of his claimed story. I can’t see the ruse being depended upon if op takes the proper steps to disavow the claimed residency to the proper authorities.
    Also, yep.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  8. #18
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    Jan 2006
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    38,767

    Default Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    Quote Quoting cdwjava
    View Post
    Of course, if they appeared at your door with a search warrant, you likely would not know what info was used to obtain it, and the cops are not going to stand outside and adjudicate the merits of the probable cause affidavit (which will not necessarily be in their possession, anyway). Resist and you could be detained or arrested. Challenging it later, sure.

    .
    while attempting to refuse to allow a warrant be executed brings about its own issues, I wouldn’t suggest simply acquiescing to it either. I can see such an action could be used to argue later it was a permissive search and if something is found, it can be used against the resident. I am suggesting at least registering ones belief the warrant is improper and the allowance to search is not permissive but only under threat of arrest for obstructing. I’ve seen the police twist statements to support the cops actions when in truth, the cops were in the wrong.

  9. #19
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    Sep 2005
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    California
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    Default Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    Quote Quoting jk
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    while attempting to refuse to allow a warrant be executed brings about its own issues, I wouldn’t suggest simply acquiescing to it either. I can see such an action could be used to argue later it was a permissive search and if something is found, it can be used against the resident. I am suggesting at least registering ones belief the warrant is improper and the allowance to search is not permissive but only under threat of arrest for obstructing. I’ve seen the police twist statements to support the cops actions when in truth, the cops were in the wrong.
    That's fine. Object, but don't interfere. Out her, I've never known acquiescing to a court's order equating to consent,however,and I believe thereis case law to that effect. I'd have to do the research,though. But, objection is fine, just stay out of the way and follow directions and all is good.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  10. #20
    Join Date
    Nov 2013
    Posts
    6,497

    Default Re: Search and Siezure of Home Due to Unauthorized Mail Delivery

    Quote Quoting cdwjava
    View Post
    But, objection is fine, just stay out of the way and follow directions and all is good.
    Good advice.

    A search warrant supported by affidavit and signed by a judge is not something you want to obstruct. If the police got it wrong that will come out after the search. If you try to obstruct the search you look like you are trying to hide something and it can lead to obstruction charges for no reason or worse.

    Back in the 80's there were some state officials that wanted to inspect my business premises (the reason I will not get into but someone made a complaint). The officials arrived one day from Trenton (two inspectors and a department lawyer). I refused them entry. Two weeks later they showed up again. I refused them entry. Two weeks after that, they showed up again but had a municipal police officer with them and an affidavit and a search warrant singed by our municipal judge. I asked the officer what would happen if I did not comply and he said I will arrest you, place you in handcuffs, and take to jail while they inspect the business. Since I had nothing to hide (was only resisting on principle) I let them inspect (search). They found nothing that matched what the affidavit said they were looking for. They left. Case closed.

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