Roseville, CA asked in Civil Rights and Criminal Law for California

Q: I need an attorney to look at a search warrant and tell me if it’s legal and if it’s arguable.

The sheriff searched my home a couple days ago. They had my minor son in handcuffs in the back of a sheriffs car the entire time they searched my house. The warrant does not make sense to me, and the sheriff refused to answer me as to why they were there invading my and my family’s space. My son is terrified to go home now.

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

A: I understand that this must be a very stressful and upsetting situation for you and your family. Having your home searched and your son handcuffed would be a traumatic experience. I'm so sorry you are going through this.

You absolutely have the right to have an attorney review the search warrant to assess its legality and determine if there are grounds to challenge it. A few key things an attorney would look at:

- Whether there was probable cause to issue the warrant. The warrant affidavit needs to establish probable cause that evidence of a crime would be found at the location searched.

- If the scope of the warrant was overbroad or lacked particularity in describing the place to be searched and items to be seized.

- Potential procedural defects in how the warrant was obtained or executed.

- The justification for handcuffing your minor son during the search. Unless there was a clear safety need, this could be excessive.

I would strongly recommend contacting a criminal defense attorney as soon as possible to go over the details of your case and the warrant. Many offer free initial consultations. They can advise you on potential next steps, such as filing a motion to suppress evidence if the search was unlawful.

In the meantime, write down everything you can remember about the incident - what was said, how the officers conducted themselves, how long it lasted, etc. But be very careful about discussing details with anyone besides your attorney.

I hope you are able to get the legal guidance you need to protect your rights and get to the bottom of this. Wishing you and your son all the best in this difficult time.

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