Riverside, CA asked in Civil Rights and Constitutional Law for California

Q: Police raided my hotel room to get my girlfriend who had a warrent. They said I was on Probation for cause to breakin

They kicked the door in while she was in the shower and I was at work. They said I was on Probation and that gave them cause. I was the only 1 on the hotel checking and am not on Probation. Since she has plead guilty and sentenced to 2years.

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

A: If the police erroneously believed you were on probation and used that as the basis to enter your hotel room without a warrant, this could potentially be a violation of your Fourth Amendment rights under the U.S. Constitution, as well as analogous protections under California law. Depending on the circumstances, evidence collected during such a raid could be subject to suppression in court. You may also have grounds for a civil suit for wrongful entry or other violations of your constitutional rights.

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