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POLICE OFFICERS BARRED FROM SEARCHING THE RESIDENCE OF A PERSON THAT THEY SEE SMOKING MARIJUANA

By Walin & Klarich

A recent opinion by the California Court of Appeals has ruled that it is an UNLAWFUL SEARCH AND SEIZURE when law enforcement sees a person smoking marijuana in their apartment and then enters the apartment and finds evidence of other drug crimes. The ?evidence? that the officers seized during the search was held to be illegal. The court of appeals stated that since possession of marijuana of less than one ounce is a ?non jailable offense? the police could not enter the property for the purpose of arresting the defendants or search their apartment. The charges against the defendant were dismissed. If you are facing Orange County criminal charges it is critical that your lawyers are knowledgeable about every law and every case that can result in winning your case...continue to full post

Full post as published by Southern California Criminal Defense Blog on March 31, 2008 (boomark / email).