There are four situations where the police can perform a warrantless search of your home.
As a general rule, Americans have a right to be secure in their homes, free from “unreasonable searches and seizures.” For most people, any search of their home is unreasonable — but the courts have defined it differently. Under U.S. law, “unreasonable searches and seizures” are those that are done without a warrant — or that do not fall into one of the exceptions to the warrant requirement.
According to an experienced Riverside criminal defense attorney, the police are required to establish probable cause to search someone’s home with a warrant. To get a warrant, the police must take their evidence to a judge, who will weigh the information that they have presented and issue a search warrant if he or she believes that there is sufficient probable cause to believe that evidence of a crime will be found in your home. If the police fail to get a warrant and search your home anyways — or if they do something illegal in obtaining the search warrant — then a skilled Riverside criminal defense attorney can have the evidence that they seize kept out of court by filing a motion to suppress.
However, there are certain situations where the police do not need to obtain a search warrant in order to enter a person’s house and search it. These four situations include:
CONSENT: If you give law enforcement permission to search your home, then any evidence that they find is admissible in court. In many cases, the police will ask for permission to search your home and will not tell you that you have the right to refuse their request. However, you do have the right to say no, and as a Riverside criminal defense attorney will tell you, it is a good idea to exercise this right. Other people who live in your home, such as a roommate or family member, can only give permission to search the common areas of your home, such as the living room or kitchen, and cannot allow the police to search your private property.
PLAIN VIEW: When evidence is in plain view, the police do not need a warrant to search for it. For example, if the police knock on your door to ask you questions about a burglary that took place in the neighborhood, and they see drugs and drug paraphernalia on your coffee table after you invite them in, they do not need a search warrant to seize it and arrest you.
EXIGENT CIRCUMSTANCES: If there is an emergency or a threat to public safety, or if the police fear that a delay could cause evidence to be lost, then they can enter your house and search it without obtaining a warrant. For example, if they are walking by your house and hear screaming and crying from inside, with someone yelling “HELP,” they may be justified in entering your house and searching for a person who is hurt inside.
INCIDENT TO ARREST: When the police arrest you in your home, they can search the remainder of your home for any threats to your safety, such as accomplices or weapons. They may also search for evidence of your crimes to protect it and prevent it from being destroyed before they can get a warrant.
Of course, there are limits on these warrantless searches, as a Riverside criminal defense attorney can explain. If the police are searching for a person who they think is being held captive or hurt under the exigent circumstances theory, then they can’t go through your computer without a warrant. The search is only as broad as is justified by the exception.
Criminal cases can be complicated, and may involve challenging how the police gather evidence. A knowledgable Riverside criminal defense attorney can investigate your case and work with you to ensure that the police are held to their obligations.
If you have been charged with a crime, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. Initial consultations are always free!
