Los Angeles County Criminal Lawyer Blog

In what has turned out to be a major investigation, deputies raided an Antelope Valley property where they uncovered an alleged cockfighting operation, $1 million in methamphetamine, children living in poor conditions and 100 roosters, the Los Angeles Times reports.

The operation started with a narcotics investigation and led to deputies seeking a search warrant served on a property in an unincorporated area near Lancaster, the Los Angeles County Sheriff's Department said.

But all that was discovered could come unraveled if procedures weren't properly handled when police sought and wrote up an affidavit for a search warrant in Los Angeles.

Every American has a right to be free from unlawful search and seizure. What that means in practical terms is the police can't barge into your house, your vehicle or stop you walking down the street to search you or your property without some basis. And that basis, called probable cause, often is memorialized in a search warrant signed by a judge.

But even after a search warrant is obtained, that doesn't mean that all the potential evidence found can be used. As a Pasadena criminal defense lawyer would tell you, there are many ways to challenge a search warrant.

For one, the officer must have had credible evidence to suggest that a search warrant was necessary in the first place. Without reliable information to base the request for search on, the whole thing falls apart.

Secondly, if officers fudge the information on the search warrant, even a little, that can lead to a suppression motion that allows the defendant to keep any evidence collected by police out of trial.

In asking a series of questions of officers who were involved in a raid, defense lawyers can often get them to give contradictory statements about what evidence they expected to find and the basis for seeking a search warrant in the first place. And even in some cases, evidence that has nothing to do with the search warrant request may be held out of trial, depending on the circumstances.

In this case, deputies got a search warrant for the property for a drug investigation.While there, they found about $1 million worth of methamphetamine -- about five pounds. They also uncovered what they are calling a cockfighting rink -- about 100 roosters -- as well as children living in dilapidated sheds.

The children ranged in age from 4 to 17 and were sent to child welfare workers after police intervened. Firearms were also recovered as well as sparring tools and drugs for the roosters.

Police made six arrests on drug charges, though their names weren't released. The Times didn't report that anyone faced child abuse or animal abuse charges, despite allegations by deputies to the contrary.

Search warrants must be examined and double-checked in order to ensure the police are held accountable.

Continue reading "Child Abuse, Drugs, Cockfighting Alleged in Los Angeles Search Warrant Case" »

Authorities recently searched the offices of four clinics that the Federal Bureau of Investigation and Drug Enforcement Administration suspect were involved in "pill mill" operations, the Encino Patch is reporting.

Drug cases in Encino and elsewhere can be complex. But cases where allegations of pill mills in Los Angeles surface are typically prosecuted at a higher level and often involve federal authorities.

These allegations typically involve large quantities of prescription drugs being distributed and sold to patients. The allegation is typically that the doctor or clinic has illegally done so without proper reasoning for distributing the high-level narcotic drugs. Usually Oxycodone, Roxycodone or other pain medications are part of the investigation.

Four San Fernando Valley clinics were raided -- two in Reseda and one each in Northridge and Van Nuys. A manager of two of the clinics, who lives in Encino, was arrested, the report states. Authorities found $300,000 in cash and $300,000 worth of OxyContin inside her house, the Los Angeles Times reported.

Investigators allege that the Encino woman was involved in a scheme to distribute the medication on the black market. The investigation began after drug suspects in other states were allegedly caught with pill bottles from these clinics.

Yet, that alone shows no proof that a clinic or clinic manager did anything wrong. If patients come in experiencing symptoms of deep pain, it's common for them to receive pain medication. If they choose to illegally sell the medication themselves, it shouldn't come back on the clinic or clinic workers.

While more "mainstream" drug cases in Los Angeles, such as those involving marijuana, cocaine and methamphetamine, are what people think of when they think of drug cases, prescription pill cases have gotten a lot of attention from authorities in recent years.

With problems in Florida -- The New York Times reported in August that Florida doctors purchases 32.2 million doses of Oxycodone in the first six months of 2010 -- officials nationwide have taken notice. Florida lawmakers cracked down on the ability of doctors to prescribe these medications as a result of criminal prosecutions and news reports of the illegal activity there.

These cases take a different path than most drug cases. When police pull over a vehicle and notice drugs in the car, sometimes those cases are easier to prosecute for the state. But these complex prescription drug cases are much different.

For one, law enforcement must have solid proof before raiding a place of business. They must have a search warrant, signed by a judge. And even if the judge signs off on the warrant, all the evidence collected can be tossed out if authorities didn't follow proper procedures. That includes whether they misled the judge about what facts they knew and what facts they guessed about when asking for the warrant.

Every citizen has a right to not be subjected to illegal search and seizure, which means police can't simply barge into your office, home or car and start looking for evidence. They must have proof a crime has been committed. And sometimes they simply don't. An experienced Los Angeles Drug Defense Lawyer knows that officers sometimes make mistakes. And those mistakes can set the defendant free.

Continue reading "Alleged Pill Mills Shut Down in Encino After Los Angeles Search Warrant" »

The Los Angeles Times is reporting that two people, one of whom is suspected of being a gang member, were recently arrested and charged with cultivating $2.5 million worth of marijuana.

Though marijuana is considered by most to be a gateway drug, charges involving the drug can carry extreme penalties in California. That's why a strong criminal defense in Simi Valley is important.

According to The Times, sheriff's deputies seized two caches of plants and dried marijuana in a commercial building fronting as a consultant's office on South Date Avenue in Alhambra. Inside, authorities found more than 440 plants, 150 pounds of dried marijuana, cultivation equipment and guns, the story says.

Authorities believe one of the two arrested was a member of Wah Ching, an Asian gang known for narcotics and weapons trafficking.

While the story says sheriff's detectives were working on a month-long investigation after a tip, it doesn't say why they felt they had the authority to raid an office building. As in any case involving a search, it's possible the search and seizure was done illegally by police.

When police riffle through your car, barge into your home or business or search your clothes, there are specific rules they must follow. Law enforcement must have probable cause, which is the belief that a crime has been committed and a reasonable certainty that you committed it, in order to conduct a search.

In cases involving a warrant, an officer must swear under oath to a judge that the information is accurate. If the officer misleads the judge, it could be grounds to dismiss the case.

These aren't matters that should be taken lightly. An experienced Ventura defense lawyer is like a checks and balance system for the police and the court. These are issues that an attorney should bring up before, and possibly during, trial.

If you are facing criminal charges that stem from a search and seizure, it is best to remain silent and contact a Pasadena drug defense lawyer immediately. Often, statements made by defendants can be more damaging than what police find in your possession or inside your house or business.

Many mistakenly believe charges involving marijuana are no longer serious -- both because of the state's medical marijuana law and because possession of less than an ounce has essentially been decriminalized. However, marijuana charges in Ventura and the surrounding area are still quite serious, particularly when cultivation or distribution is alleged. And any charges to which gang enhancements are attached carry more serious penalties for conviction.

Continue reading "Los Angeles Sheriff Arrests Two Accused of Marijuana Production" »

The Ninth Circuit Court of Appeals which has jurisdiction over much of the West Coast of the United States including Los Angeles County has ruled that strip-searches of incoming jail inmates are constitutional and necessary to prevent the smuggling of drugs and other forbidden items into lockup facilities.

This decision comes on the heels of a 2008 Ninth Circuit decision that such searches are so intrusive and dehumanizing that they violate a person's Fourth Amendment right against unreasonable search and seizure unless there is good cause to believe that someone is in possession of contraband.

The ruling is the result of a class-action lawsuit brought by nine antiwar protester against San Francisco arising out of their arrests at a 2002 demonstration.

Judge Sandra S. Ikuta attempted to justified the ruling by stating that the strip-search policy was "reasonable under the Fourth Amendment" as such searches resulted in hundreds of instances where money, drugs, and weapons were seized and that such items can jeopardize the safety of jail staff as well as other inmates.

Judge Sidney R. Thomas was joined by three other judges on the panel in his dissenting opinion. In his opinion Thomas stated that one of the plaintiffs had been arrested at a peaceful protest, slammed to a concrete floor during booking, stripped and subjected to a body-cavity search, then left naked in a cell for eleven hours. She was subsequently strip-searched a second time and then released without charges.

Thomas had ruled in 2008 that without probable cause such searches cannot be upheld as "the intrusiveness of body-cavity searches cannot be overstated."

While one's Fourth Amendment right against unreasonable search and seizure may be somewhat diminished in a lockup facility, in an automobile, or even in a school setting, under most circumstances, one cannot be detained or searched without ...

Continue reading "Strip-Searches of Incoming Jail Inmates Ruled Constitutional by Ninth Circuit" »