Q: Fourth amendment violation or legal
A friend asked us to watch a place stay at night due to concern of theft, since we had no where to go we said sure. This property belonged to a friend if his. Well code enforcement came and red tagged the property, they asked us if it was okay for them tovtake photos of safety housing code violations. They in process found a bong belonging to our friend, who would gladly vouch for it. We told the sheriff it was our friends again . They asked us whose it was since neither of took the blame both
were charged. One ) did we even have the authority to allow them to go inside, Two) the paraphernalia was not in plain view.
A:
In California, the authority to allow entry into a property typically rests with the person who has legal possession or control over the premises. If you were asked to watch the property and stay overnight by the owner's friend, it may be argued that you had implied authority to allow entry for specific purposes, such as addressing safety concerns. However, the extent of this authority can be complex and depends on the specific circumstances, including what was communicated to you about your role and rights on the property.
Regarding the discovery of the bong, the Fourth Amendment protects against unreasonable searches and seizures, generally requiring a warrant for law enforcement to search private property. There are exceptions, such as when evidence is in plain view, consent is given for a search, or when there are exigent circumstances. If the paraphernalia was not in plain view and was discovered during a search you consented to for a different purpose (inspecting for safety violations), the legality of the search and the admissibility of the evidence could be challenged.
It's important for you to consult with a legal professional who can evaluate the specifics of your situation, including the authority under which code enforcement and law enforcement entered the property, and how the paraphernalia was discovered. Legal advice can provide guidance on potential defenses, such as challenging the search's legality or your authority to consent to the search, and how to navigate the charges based on California law.
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