Asked in Criminal Law and Cannabis & Marijuana Law for California

Q: If I call the cops on someone on my property does the cops the right to search me and my residence?

I smoke weed and some person won’t get off my property harassing me i don’t want the sheriffs if I call them, searching my home and maybe planting something on me.

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Based on the facts presented, NO, they could not search you and your home...

unless they have probable cause.

Maybe have a friend with you to verify what happened.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If you call the police on someone on your property, the police may have the right to conduct a limited search of your property for the purpose of ensuring their own safety and the safety of others. However, the police generally cannot search your home or person without a warrant or probable cause to believe that a crime has been committed. If you are concerned about the possibility of the police searching your home and finding evidence of drug use, you may want to consider speaking with an attorney to better understand your rights and options.

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