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What are police search and seizure procedures in state of CA

Palm Desert, CA |

can police search my friend after entering my house when they were looking for my daughter who has a warrent and resides in the home owned by my boyfriend

TWO DAYS AGO 11:35PM VICTOR 16YEAR OLD BROTHER WAS HOME ALONE. THE POLICE KNOCKED ON THE DOOR AND THE 16YEAR OLD TOLD THE POLICE HOW OLD HE WAS AND HE WAS BY HE'S SELF. AND THEY TOLD HIM TO OPEN THE DOOR SO HE DID. THEY WAS LOOKING FOR HIS BROTHER LUIS AND WAS DIGGING THROUGH ALL THE ROOM'S LOOKING IN THE DRAWERS CLOSETS ETC. BUT 8 MONTHS AGO LUIS WAS IN MARTINEZ JAIL AND HE GOT DEPORTED FROM JAIL HE WAS SENT TO MEXICO. I T WAS ABOUT 1 MONTH LATER THE POLICE WENT TO LUIS HOUSE LOOKING FOR HIM AND LUIS 3 BROTHERS LIVE THERE THEY TOLD THE POLICE HES IN MEXICO HE GOT DEPORTED. I WANT TO KNOW DO THE POLICE HAVE THE RIGHT TO DIG THROUGH THERE STUFF AND COME BACK LOOKING FOR LUIS AFTER THEY TOLD THE POLICE HE WAS IN MEXICO THE FIRST TIME.

Attorney Answers 2

Posted

Oh boy - it does not sound you had a good evening. When police enter a home to execute an arrest warrant, the police have the authority to "secure" the area. In this regard, they can ask all persons in the home to be seated in a room while they arrest the wanted person. Officers can also conduct "pat downs" to check for weapons to ensure officer safety while the execute the warrant.

However, an arrest warrant does not give the officers the unfettered right to conduct a search of other persons in the home. If your friend was arrested because of things the officers found during a search of his person, then your friend may have a defense to the charges. I strongly recommend that your friend speak with a criminal defense attorney regarding the legality of the search. If your friend was illegally searched, but was not arrested as a result, then your friend likely has no recourse against the police for the illegal search. If the illegal search injured your friend or damaged his/her property, then your friend should contact a civil rights attorney to see if a civil lawsuit would be possible.

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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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