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  1. #1
    Join Date
    Nov 2019
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    4

    Default Search and Siezure of Home Due to Unauthorized Mail Delivery

    My question involves criminal law for the state of: CA.
    Ok, I have an interesting dilemma. There's a known troublemaker who once lived in our neighborhood. I mean, a real low-life. Anyway, it appears as if he has a felony warrant (or LE is after him for some reason). To try and thwart any attempts at LE finding him, it appears as though he's now using my mailing address from which to receive his mail (in other words, I'm guessing, he thinks that by using my mailing address to have DMV-related matter sent here, he can distract LE from knowing his true whereabouts by having LE focus on my house).
    Now suppose law enforcement is dead set on catching this guy--so much so that they get a search warrant signed by a Judge, then proceed to raid my house, looking for him. Remember, LE believes him to be living here because [he must have] had a change of address done at the DMV, with my address being the new address (how else did I get that DMV notice that was addressed to him?). And since LE believes he lives here, this house will be the first place LE will want to bust down the doors to.
    Now I'm not ordinarily paranoid, but
    HEEELLLLPPPPP!

  2. #2
    Join Date
    Oct 2006
    Posts
    15,740

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

    Quote Quoting Glenns
    View Post
    My question involves criminal law for the state of: CA.
    Ok, I have an interesting dilemma. There's a known troublemaker who once lived in our neighborhood. I mean, a real low-life. Anyway, it appears as if he has a felony warrant (or LE is after him for some reason). To try and thwart any attempts at LE finding him, it appears as though he's now using my mailing address from which to receive his mail (in other words, I'm guessing, he thinks that by using my mailing address to have DMV-related matter sent here, he can distract LE from knowing his true whereabouts by having LE focus on my house).
    Now suppose law enforcement is dead set on catching this guy--so much so that they get a search warrant signed by a Judge, then proceed to raid my house, looking for him. Remember, LE believes him to be living here because [he must have] had a change of address done at the DMV, with my address being the new address (how else did I get that DMV notice that was addressed to him?). And since LE believes he lives here, this house will be the first place LE will want to bust down the doors to.
    Now I'm not ordinarily paranoid, but
    HEEELLLLPPPPP!
    Your best bet would be to convince the police that the guy does not and never has lived in your home. On top of that, if you have any idea where he does live or can be found, it would be in your best interest to provide the police that information.

  3. #3
    Join Date
    Jul 2018
    Posts
    1,787

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

    Fascinating hypothetical story.

    Do you have a question?

  4. #4
    Join Date
    Mar 2013
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    17,284

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

    Quote Quoting pg1067
    View Post
    Fascinating hypothetical story.
    It was more fun reading his tax problem.

    https://www.expertlaw.com/forums/sho...d.php?t=245194

  5. #5
    Join Date
    Nov 2019
    Posts
    4

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

    Yes, I do havea question. As far as I know, what this scofflaw did was 100% legal. He's placing my reputation in jeopardy by using my house as his mailing address. Therefore, he gets to walk while I have to explain to my boss why I was late ("Sorry I'm late, boss. They spent an hour combing through my house, then I had to spend 5 hours and $150 to get a new front door installed."), and deal with the ostracization of having about 15 cop cars surround my home because "we know you're in there! Come out with your hands up!"
    Meanwhile, the low-life whistles in the sunset, knowing that the cops can't touch him for using my place as his mailing address.
    So, what can i legally do? I wanna tell LE he doesn't live here, but they just say, "OK. That's fine and dandy. And my neighbor carries around a bag for when his dog has to take a $hit. If what he did was illegal, we'd make a note of not doing a search and seizure on your house when we come looking for him. Not disturbing your house would become a matter of record. But since what he did was 100% legal, we're still breaking down your front door when we come looking for him, because there's no sense in us making a note on something that's 100% legal..."
    So how can I keep my respect at work and my dignity among my neighbors?

  6. #6
    Join Date
    Jul 2010
    Posts
    7,672

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

    You explain to them what happened? If they know you, that should be sufficient.

  7. #7
    Join Date
    Jan 2016
    Posts
    417

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

    Quote Quoting Glenns
    View Post
    Yes, I do havea question. As far as I know, what this scofflaw did was 100% legal. He's placing my reputation in jeopardy by using my house as his mailing address. Therefore, he gets to walk while I have to explain to my boss why I was late ("Sorry I'm late, boss. They spent an hour combing through my house, then I had to spend 5 hours and $150 to get a new front door installed."), and deal with the ostracization of having about 15 cop cars surround my home because "we know you're in there! Come out with your hands up!"
    Meanwhile, the low-life whistles in the sunset, knowing that the cops can't touch him for using my place as his mailing address.
    So, what can i legally do? I wanna tell LE he doesn't live here, but they just say, "OK. That's fine and dandy. And my neighbor carries around a bag for when his dog has to take a $hit. If what he did was illegal, we'd make a note of not doing a search and seizure on your house when we come looking for him. Not disturbing your house would become a matter of record. But since what he did was 100% legal, we're still breaking down your front door when we come looking for him, because there's no sense in us making a note on something that's 100% legal..."
    So how can I keep my respect at work and my dignity among my neighbors?

    So Glenns, has LE actually raided your house or are you just projecting?

  8. #8
    Join Date
    Oct 2006
    Posts
    15,740

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

    Quote Quoting Glenns
    View Post
    Yes, I do havea question. As far as I know, what this scofflaw did was 100% legal. He's placing my reputation in jeopardy by using my house as his mailing address. Therefore, he gets to walk while I have to explain to my boss why I was late ("Sorry I'm late, boss. They spent an hour combing through my house, then I had to spend 5 hours and $150 to get a new front door installed."), and deal with the ostracization of having about 15 cop cars surround my home because "we know you're in there! Come out with your hands up!"
    Meanwhile, the low-life whistles in the sunset, knowing that the cops can't touch him for using my place as his mailing address.
    So, what can i legally do? I wanna tell LE he doesn't live here, but they just say, "OK. That's fine and dandy. And my neighbor carries around a bag for when his dog has to take a $hit. If what he did was illegal, we'd make a note of not doing a search and seizure on your house when we come looking for him. Not disturbing your house would become a matter of record. But since what he did was 100% legal, we're still breaking down your front door when we come looking for him, because there's no sense in us making a note on something that's 100% legal..."
    So how can I keep my respect at work and my dignity among my neighbors?
    Has any of this actually happened yet? Have the police actually busted down your door with a search warrant? If it hasn't happened yet then you might want to consider talking to the police in advance to let them know what is going on, and let them know that you will cooperate with them.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,408

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

    First of all, how would the police know who he gave his "mailing address" to? It's not like there is a master database of Amazon Prime accounts, or Publisher's Clearing House addresses out there.

    Second, if he has been in trouble before, it is almost certain that they have a listing of the addresses where he has been arrested, contacted, noted as contact or mailing addresses, etc. If none of them are yours, then that's good.

    Third, we don't just grab an address in which to serve a search warrant off of junk mail and call it a day. That would be very poor warrant prep and could subject the agency to all manner of liability if they failed to do their homework.

    Ask yourself this: Has Johnny Joe Dirtbag ever gotten his mail at your house? If the answer is, "No", then it's likely that not even the police will assume he has listed your home as an address.

    *IF* the police actually DID serve a search warrant at your house for this guy and he has never lived there and you do not have any relationship with him at all (i.e. you don't know him), then you might consider speaking top the agency's higher ups or maybe even an attorney. If you are simply posing a hypothetical for some strange reason, then try not to worry about it ... there are far more likely scenarios that can occur to cause you harm than the police serving a search warrant at your home for a bad guy you do not know.
    **********
    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. #10
    Join Date
    Oct 2006
    Posts
    15,740

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

    Quote Quoting cdwjava
    View Post
    First of all, how would the police know who he gave his "mailing address" to? It's not like there is a master database of Amazon Prime accounts, or Publisher's Clearing House addresses out there.

    Second, if he has been in trouble before, it is almost certain that they have a listing of the addresses where he has been arrested, contacted, noted as contact or mailing addresses, etc. If none of them are yours, then that's good.

    Third, we don't just grab an address in which to serve a search warrant off of junk mail and call it a day. That would be very poor warrant prep and could subject the agency to all manner of liability if they failed to do their homework.

    Ask yourself this: Has Johnny Joe Dirtbag ever gotten his mail at your house? If the answer is, "No", then it's likely that not even the police will assume he has listed your home as an address.

    *IF* the police actually DID serve a search warrant at your house for this guy and he has never lived there and you do not have any relationship with him at all (i.e. you don't know him), then you might consider speaking top the agency's higher ups or maybe even an attorney. If you are simply posing a hypothetical for some strange reason, then try not to worry about it ... there are far more likely scenarios that can occur to cause you harm than the police serving a search warrant at your home for a bad guy you do not know.
    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.

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