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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Absent when Searched

    My question involves search and seizure law in the State of: California

    My home was raided for alleged narcotics dealing a couple of weeks ago. After the search, my landlord was told the apartment was searched because the I was a drug dealer and there are pictures of me dealing drugs and that I sold drugs to either a CI or an undercover officer, which is unclear. When asked by a neighbor if they had found anything, a masked officer responded, "We found what we were looking for." Since I was not there when the search occurred I don't have a copy of the warrant and was not given a copy of the inventory of the property that was seized if any. I know there were no drugs in the apartment. I asked my landlord for a copy of the warrant and was told that non was left. The police sealed the apartment with large bolts to the security door. The landlord removed the bolts and entered the unit to turn off interior lights that had been left on by the police on her own initiative, resealing the front door with the bolts afterward. I asked here if the warrant or any other paperwork had been left at the apartment and she told me no. I haven't gone back to the apartment since the raid but when I sent a friend with a signed power of attorney, he was prevented from entering by the resident manager. I have been in contact with a detective on the case who asked me to come to police headquarters though no charges were filed so I hired an attorney who is now handling the matter and is waiting until a prosecutor is assigned if and when charges are filed. If the inventory wasn't left by the police and the raid occurred while I was absent and charges are yet to be filed, are these significant as to the strength of the case? It is two weeks since the house was raided and I have noticed that undercover police have been keeping an eye on me during this time.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Absent when Searched

    Quote Quoting jonnyboi
    View Post
    Since I was not there when the search occurred I don't have a copy of the warrant and was not given a copy of the inventory of the property that was seized if any.
    Copies of those items should have been left at the scene if no one was home. If not, you should be able to obtain this from the agency that conducted the search.

    The police sealed the apartment with large bolts to the security door.
    Huh? I've never heard of such a thing. I can't understand how they would have the authority to seal the apartment in such a manner ... are you sure it was the police that did that if the manager was seen going in and out?

    I have been in contact with a detective on the case who asked me to come to police headquarters though no charges were filed so I hired an attorney who is now handling the matter and is waiting until a prosecutor is assigned if and when charges are filed.
    Then you are doing what you can do.

    If the inventory wasn't left by the police and the raid occurred while I was absent and charges are yet to be filed, are these significant as to the strength of the case?
    They are procedural gaffs, but they are not likely to cause any case to be dismissed.

    It is two weeks since the house was raided and I have noticed that undercover police have been keeping an eye on me during this time.
    Stop doing illegal activity and you should have nothing to be concerned with.

    - Carl
    **********
    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

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