While most people have a basic understanding of California search warrants, delving deeper into the legal requirements, the concept of probable cause, and the process of issuing a search warrant can empower you with crucial information. This understanding can give you a sense of control in potentially vulnerable situations, reducing the uncertainty and fear that often accompany such legal processes. 

This understanding can give you a sense of control in potentially vulnerable situations, reducing the uncertainty and fear that often accompany such legal processes. By understanding your rights and the legal implications, you can navigate these situations with confidence, knowing that you are not at the mercy of the system.

A search warrant gives police the legal authority to search your home, car, business, or any other area they suspect has evidence of unlawful activity. Under specific circumstances, law enforcement is allowed to search a vehicle without a warrant.

A search warrant gives police the authority to search your home, car, business, or anywhere they suspect has evidence of unlawful activity.

If police find what they are searching for, they also have the power to seize the evidence. However, it's important to understand that there are strict restrictions on how and when police can execute a search warrant.

One such restriction is the knock-and-announce rule, which requires police to announce their presence, the purpose of their visit, and wait a reasonable amount of time before entering a property. This rule is designed to protect your privacy and safety, providing a sense of security in potentially challenging situations. If they violate any of these restrictions, it could result in your criminal charges being reduced or even dismissed, ensuring your rights are protected.

Therefore, it's critical to understand the rules that regulate all California search warrants and legal defenses. In basic terms, police will request a search warrant from the Los Angeles County criminal court in an attempt to persuade a judge or magistrate to issue the warrant.

They must be able to provide the court with “probable cause.” This means they have sufficient reason to believe that evidence related to a crime, or an individual who allegedly committed a crime, is at the location they are requesting to search.

For a search warrant to be valid, it must specifically describe the place to be searched and the person or items that will be seized, if located. In other words, search warrants are legally required to be very specific. Officers can stay within the permissions given by the court when the judge authorizes the search warrant.

Exceptions to the Rule

It's essential to note that there is an exception to this rule. If unlawful items are in plain view during an authorized search, they can be seized.

For example, suppose police enter your house with an authorized search warrant to look for your brother, who has an active arrest warrant, and they see in plain view some methamphetamine, a stolen item, or any other illegal substance on the kitchen table. In that case, they can legally seize it and use the unlawful drugs against you or your brother.

Similarly, suppose you are on felony probation or parole. In that case, the police can seize any illegal items they see in plain view during a search, as you have forfeited your legal right to be free from otherwise unlawful searches and seizures.

If you have been the target of a search warrant in Los Angeles County, it's crucial to know your legal rights. Understanding that any lawfully seized evidence can be used against you in a criminal offense prepares you for the legal process.

This knowledge ensures your security, providing you with a sense of confidence and peace of mind, even in the face of a potentially challenging legal situation. Knowing your rights is a powerful tool that can protect you in these situations.

If the search was unlawful, our attorneys can file a motion to suppress evidence under California Penal Code Section 1538.5. This motion challenges the legality of the search and seizure, and if successful, the seized evidence can't be used against you in court. 

The process involves presenting evidence and arguments to the court, demonstrating why the search was unlawful and why the evidence should be excluded from the case. Our attorneys will guide you through this process, ensuring your rights are protected.

If the court agrees that the search was unlawful, the evidence may be excluded from the case. It's important to note that the police don't need a search warrant if you are on felony probation or parole. Why? Because, as a condition of your being on probation or parole, you have forfeited your legal right to be free from otherwise unlawful searches and seizures.

How is a Search Warrant Issued?

A judge will issue and sign a search warrant on behalf of the state of California. However, the process is typically initiated and represented by the Los Angeles County District Attorney's Office. This means that the District Attorney's Office is responsible for preparing and presenting the search warrant application to the judge. The warrant is actually executed by law enforcement pursuant to California Penal Code Section 1523.

However, before a judge will sign a warrant, several major requirements must be met.

The prosecutor and police must reasonably convince the judge that a crime has been committed and that evidence of the crime can likely be found at the location described in the application for the search warrant. If a successful argument is presented with facts, typically, a judge will sign and issue the search warrant.

The primary reason that judges are required to issue search warrants rather than a Los Angeles County prosecutor or law enforcement is to ensure that a neutral person reviews the facts and circumstances before issuing the warrant.

This oversight provides a sense of reassurance about the fairness and legality of the process, helping to alleviate any anxiety or concern you may have about your rights being upheld. Knowing that a neutral party oversees the process can provide a sense of comfort and confidence in the system, reassuring you that the process is fair and just.

As stated above, if you have been served with a search warrant or were searched without one, please contact our Los Angeles criminal defense law firm immediately. We will review your case to ensure that your legal rights were not violated. 

California Search Warrant Requirements 

By law, there are specific requirements for obtaining search warrants in the state of California. These requirements are commonly referred to as “grounds” for issuing a search warrant. There is a wide range of factors that will justify a judge issuing a search warrant. These include the following:

• When the property was stolen;
• When the property is evidence that a felony crime occurred or a specific person committed a felony crime;
• When the property is in possession of a person who has the intent to use it to commit a crime, or in possession of another person who had it delivered to be concealed.
• When the property reveals child pornography;
• When there is an active arrest warrant for someone;
• When a gun or deadly weapon was used at a crime scene;
• When a mentally ill person is detained for possessing a firearm.

It's essential to note that attorneys, doctors, psychologists, and clergy are generally exempt from searches of their professional records, unless they are suspected of engaging in unlawful activity themselves. Police detectives are legally required to show probable cause when they apply to a judge for a search warrant. A warrantless search is unconstitutional under the Fourth Amendment.

What is Probable Cause?

What exactly is “probable cause” in California? It's the standard of proof by which an officer of the law has sufficient grounds to arrest someone, conduct a search of property or a person, or obtain a warrant for arrest.

Probable cause is a legal term from the Fourth Amendment of the U.S. Constitution that guarantees the right of all people to be free from unreasonable searches and seizures.

This means that before a Los Angeles County judge will sign and issue a search warrant, they must have a reasonable belief that the individual or property listed on the warrant application will likely be found at the location to be searched.

Therefore, before deciding whether probable cause exists, the judge could ask the prosecutor, police officer, and detective who applied for the warrant, as well as any witnesses who provided reliable information, to answer questions under oath to determine whether the search warrant was necessary.

This includes using informants, whom police routinely employ to gather information for obtaining search warrants. The judge must provide some facts, not just an opinion, regarding allegations of unlawful activity.

It's essential to note that a Los Angeles County judge is responsible for determining whether sufficient probable cause exists to issue a search warrant. In a situation where an application depends on information from an informant, they must be convinced that the information is reliable. If you need additional information about probable cause, contact a Los Angeles criminal defense attorney at our law firm.  

Time of Execution of a California Search Warrant    

A search warrant must be executed within 10 days of being issued. If it is not executed within this timeframe, it will be voided and expire. However, the judge could reissue the search warrant if they still believe sufficient probable cause exists.

The search warrant also specifies the time of day it can be executed. Typically, it has to be executed during “normal business hours,” whenever that is practical. This means the general rule is between 7 a.m. and 10 p.m.

However, if the Los Angeles County judge determines there is “good cause,” they have the power to authorize the service of the search warrant at any time of the day or night.

What is considered a “good cause?”  It means that there are facts to support the nighttime execution of the search warrant being justified based on the specific circumstances. Still, public safety is always a contributing factor in their decision.

A common example is a situation where someone has numerous active arrest warrants. When a police officer executes a search warrant at someone's home or place of business, they must knock on the door and inform the person that a search warrant is in effect. If entry is refused, the police are allowed to force entry to execute the warrant. This also applies to situations where nobody is home.

Seized Property

When police execute a search warrant and seize property, they are required to provide a receipt to the person from whom it was taken. The receipt must include a detailed description of all the property taken.

In situations where no individuals are present to provide a receipt, they are required to leave the property where they found it, as specified in California Penal Code 1535. After the property has been seized, the police officer must keep it in custody until they can present it to the court that issued the search warrant. 

Motion to Suppress Evidence

Our Los Angeles criminal defense lawyers have successfully challenged search warrants. The most common challenge is a motion to “suppress evidence” under California Penal Code Section 1538.5.

This type of legal challenge can be filed if you are seeking to recover seized evidence or to exclude seized evidence from being used in court. Our attorneys can file an “unreasonable search and seizure" motion based on the following information: 

• The search warrant was insufficient on its face;
• There was no probable cause to issue the search warrant.
• The property or evidence that was seized was not described in the warrant.
• The search warrant was executed illegally.

If we are successful in proving that any part of the search warrant was unlawful, then any evidence obtained during the search will typically be excluded from evidence. This means the Los Angeles County prosecutor cannot use the evidence against you, and it typically leads to them reducing or even dismissing the charges.  

Real Case Example of Motion to Suppress Evidence

The Los Angeles criminal defense law firm of Eisner Gorin LLP successfully had our client's case dismissed due to an unlawful search, following the court's grant of our motion to suppress evidence under California Penal Code section 1538.5.

This case represents a victory for the Fourth Amendment after a judge ruled that police officers had no legal justification to enter our client's car to search for his vehicle registration after he was stopped. The ruling meant that the firearm that was found inside his car could not be used against him, and the Los Angeles County prosecutor dismissed the case.

In this case, police stopped our client for alleged traffic violations. After they asked him for his driver's license, insurance, and registration, they claimed he was acting suspiciously by putting his hands in his pockets and would not show them the requested documents.

Therefore, they removed him from the vehicle, where they claimed he was still acting suspiciously, so they decided to handcuff him. The officers requested consent to search his car for the registration; our client refused but offered to show them proof of registration on his cell phone. Police decided to enter his vehicle anyway, and while looking for the registration, they found a firearm in plain view.

The Los Angeles Superior Court judge ruled that, while the police had the legal right to enter our client's vehicle to search for registration to prove vehicle ownership, even after he refused to give consent, our client didn't fail to produce the vehicle registration, as the police officers testified.

The judge stated that, in fact, our client informed them that the registration was on his cell phone, which is sufficient in our current electronic age. The judge also noted that it was significant that the police officers did not make any attempt to recover the registration from his cell phone before searching his vehicle.

The judge granted our motion to suppress evidence on the grounds that police had unlawfully searched his vehicle. The court then suppressed the firearm recovered from his vehicle and granted our motion to dismiss the case.

Contact Our Los Angeles Criminal Lawyers

If you have been subjected to a California search warrant, contact the Los Angeles criminal defense attorneys at Eisner Gorin LLP. We have over 60 years of combined experience and a track record of success.

The Fourth Amendment, which is the right of the people to be secure against unreasonable searches and seizures, is critical in challenging search warrants.  

Our lawyers may be able to prove that police unlawfully seized items during a search or detention, thereby preventing the items from being used as evidence against you in a criminal case. Contact our law firm at 877-781-1570.  Eisner Gorin LLP 1875 Century Park E #705 Los Angeles, CA 90067 310-328-3776

Related Content:

• California Penal Code 1523
• California Penal Code 1525
• California Penal Code 1527
• California Penal Code 1528
• Franks Motion and Hearing
• Search Warrant Restrictions
• What Does It Mean If My Charges Are Dropped?
• Can Police Collect DNA from a Minor?
• What Are Exigent Circumstances?
• California v. Escamilla, (1976) 65 Cal.App.3d 558