Invalid Consent of Police Search Results in Case Dismissal

” The San Bernardino County Sheriff’s Department came to my father’s house in response to an anonymous tip of large amounts of drugs being sold there. They indicated that they were there for a different reason and gained access to my house without consent. Then, they proceed to ask for consent to search once they were inside the residence. Consent was never given despite what they write in their police report. The search revealed nothing. However, the officer kept searching. I was later arrested and handcuffed for allegedly being under the influence. A search on one trailer on the property revealed drugs. I hired an attorney, and he wanted to take a plea bargain. I fired him and hired Wallin & Klarich to represent me instead. Wallin & Klarich argued with the District Attorney that no consent was ever given; therefore, the cops violated my fourth amendment right. The District Attorney did not agree, so Wallin & Klarich ran a 1538.5 motion to suppress in front of the Judge. The Judge agreed that the initial entry into the house was based on trickery and false information. Thus, if there was consent, it was NOT VALID. In addition, since I was placed under arrest, any consent given is not valid because it is not free and voluntary. The case was dismissed because Wallin & Klarich fought to protect my rights by running that motion. Wallin & Klarich attorneys do not give up when fighting for their clients, and they analyze every alternative to achieve the best possible result for their clients.”

-L. C.