Can police enter home and search my friend without a warrant in state of CA

Asked almost 6 years ago - Palm Springs, CA

can police enter home and search my friend without a warrent

Attorney answers (3)

  1. David Carl Beyersdorf

    Contributor Level 13

    Answered . Did they search your friend, or did they search the home? When it comes to searching a home, the general rule is that it should not be done witout permission or a warrant. There are exceptions. If your friend or someone he/she lives with is on parole, the police can search his/her residence without a warrant. When it comes to searching a person, this can be done incident to arrest. A Pat down search can be done for officer safety, etc. In order to get a good answer, you must provide greater detail. I suggest that you have your friend consult with a criminal defense attorney in your area on this. That meeting will be confidential, so all of the details and circumstances can be provided without fear of saying something that might get someone in trouble. Good Luck

    David C. Beyersdorf

  2. Ryan Patrick McClure

    Contributor Level 13

    Answered . I would agree with the other poster in that you need to consult with a criminal defense attorney to discuss the details of the search. Generally speaking, a warrant is required to make a search of a private residence, but there are exceptions. The search of the people located in the residence is a little more difficult to answer without more specifics. Finally, if the friend was on parole or probation then the search may have been lawful, but again, this requires more info. Good Luck!

  3. Alan James Brinkmeier

    Contributor Level 20

    Answered . When can the police search my house without a warrant?

    For the police, there are four circumstances that a warrant is not required to search your house. 1. Search consent 2. Doctrine of plain view. 3. Search incident to arrest. 4. Exigent circumstances search.


    Background

    A search warrant is a judicial document that authorizes police officers to search a person or place to obtain evidence for presentation in criminal prosecutions. A warrant is based on "probable cause" of either criminal activity or contraband at a place to be searched. If convinced he or she will issue and sign a search warrant—a court order that authorizes police to search a location like your house for specified objects at a time specified. For the police, there are four main circumstances that a warrant is not required to search your house:

    Search consent.

    If the person in control of the property consents to the search without being coerced or forced, a search of the house without a warrant is valid. Police do not have to tell you that you have the right to refuse a search. You do have that right. The Supreme Court recently ruled that one spouse cannot consent to the search of a house on behalf of the other spouse.

    Doctrine of plain view.

    If police already has the right to be on your property and sees contraband or evidence of a crime that is clearly visible, that object may be seized and may lawfully be used as evidence. As but one example, if the police are in your house on a domestic violence call and see a lot of drug paraphernalia on the windowsill, those items can be seized as evidence.

    Search incident to arrest.

    If you are in the process of being arrested in your house, police officers may search for weapons or to find any other accomplices to protect their safety (also known as "protective sweep"), or the police may search to prevent your destruction of evidence.

    Exigent circumstances search.

    This refers to emergency situations. It is thought that if the process of getting a valid search warrant could compromise public safety or could lead to a loss of evidence a search can go ahead. This situation encompasses "hot pursuit" in which a suspect is fleeing police and is about to escape. A recent Illinois Appellate Court decision ruled that police officers may enter a DUI suspect's home without a warrant on the theory that important evidence, namely the suspect's blood alcohol level, may be lost otherwise.

    You’ll need a lawyer to challenge a warrantless search of your house. Check with a lawyer in your locale to discuss more of the details.

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