When California law enforcement shows up at your door with a search warrant to inspect your property, it can be particularly intimidating, even if you feel you have nothing to hide.
However, bear in mind that search warrants in California are subject to stringent legal requirements in compliance with the Fourth Amendment to the U.S. Constitution, which guarantees your right to be secure in your home, property, and personal items against unreasonable searches and seizures.
Empower yourself by understanding what law enforcement can and cannot do regarding a search warrant. This knowledge is vital to protecting your rights and ensuring fair treatment.
If the police exceed the limitations of the search warrant, or if they convince you through underhanded tactics to allow them to cross those boundaries, the resulting evidence collected may be inadmissible in court, and a California criminal defense attorney can leverage this to have the evidence suppressed.
In California, a judge issues a search warrant, which authorizes law enforcement to search a person, a residence, a vehicle, a place of business, or any other specified area suspected of containing evidence of illegal activity.
If police find the evidence they are seeking, the warrant allows them to seize it. Search warrants must be based on probable cause and cannot be overly broad. Warrantless searches can be legal, such as if you consent or as an incident to a lawful arrest.
You can ask the court to disregard any evidence found through illegal searches. Search warrants are different from bench warrants and arrest warrants.
It's important to note that although a search warrant is issued on behalf of the state (prosecutor), the judge actually issues and signs it. This process is designed to ensure that a neutral individual evaluates the circumstances of the criminal investigation, providing a level of reassurance about the fairness of the process.
Before the judge can sign off, they must reasonably believe that a misdemeanor or felony has been committed and that evidence of that criminal case is likely to be found in the place described in the search warrant. If the facts presented in the warrant application are convincing, the judge must sign and issue the search warrant.
What are the Search Warrant Requirements?
Officers must meet strict standards to secure a warrant, including showing evidence that justifies the warrant's issuance. California courts carefully scrutinize search warrants to ensure they conform to this constitutional standard.
Simply put, law enforcement must meet certain requirements to obtain a search warrant in California. They must show probable cause that the locations to be searched contain evidence, instruments, or fruits of criminal activity. Here are a few common examples of the types of grounds on which a search warrant may be issued:
- Whether the property was used as a means to commit a felony.
- Whether the property is evidence of the fact that a felony has occurred.
- Whether the property was stolen.
- Whether the property is in possession of someone who intends to use it to commit a crime.
- Whether the property is in possession of another to whom they may have delivered it for the purpose of concealing it.
- Whether the property reveals child pornography.
- Whether an arrest warrant has already been issued.
As noted, before a judge issues a search warrant, they must have probable cause to do so. Let's explore the common restrictions associated with search warrants in California.
Probable Cause Requirement
"Probable cause" is a legal phrase that refers to a reasonable belief that criminal activity is taking (or has taken) place. Understanding this concept is crucial in comprehending the legal process of obtaining a search warrant.
Law enforcement is legally required to establish probable cause before a warrant can be issued. Probable cause means there is a reasonable belief, supported by facts or evidence, that a crime has been committed and that evidence of the crime is located at the place to be searched.
For instance, finding a large amount of drugs in a residence or a witness's testimony about a crime could constitute a reasonable belief.
When officers apply for a search warrant, they must present their evidence to a judge in the form of an affidavit. This document must clearly outline why the search is necessary and what they expect to find. If the information provided is insufficient or based on mere suspicion, the judge must deny the request.
Before finding that probable cause exists, the judge may question (under oath) the following people:
- Police officer,
- Prosecutor, or
- State investigator who applied for the warrant, and
- Any witnesses that the requesting individual relied on to determine that a warrant was necessary.
Affidavits may be written or oral and presented in person, via the telephone, by fax, or even by e-mail. They also must contain the facts that establish the grounds for the application or the probable cause for believing that they exist. Affidavits are under penalty of perjury.
How This Helps Your Case: If law enforcement cannot establish probable cause or if the warrant was issued based on faulty information, any evidence gathered during the search could be deemed inadmissible in court. This means that the evidence cannot be used to prove your guilt, potentially leading to a dismissal of your case or a more favorable plea bargain.
Specificity in the Warrant
California law also requires that search warrants be specific in their scope. This means the warrant must clearly describe the location to be searched and the specific items law enforcement intends to seize. For instance, a warrant cannot authorize a vague search of "any and all property" on your premises.
Instead, it must specifically name the items sought, such as weapons, stolen goods, or illegal substances. Simply put, the contents of a California search warrant must be described with reasonable particularity, meaning that the warrant should be so clear that nothing is left to the officer's discretion when executing it. This applies to both:
- The place to be searched and
- The person or property to be seized.
A search warrant must be executed according to the exact details contained in the warrant. Notably, warrants that are clear in their descriptions will be upheld, and those that are unduly vague will not.
How This Helps Your Case: If the warrant lacks the necessary specificity or if officers exceed the scope of the warrant by searching areas or seizing items not listed, you may challenge the legality of the search. This involves filing a motion to suppress the evidence, which, if successful, could lead to the exclusion of the evidence from your case.
Time Limitations
Search warrants in California are not indefinite. Once issued, they must be executed within a specific timeframe, typically within 10 days of being authorized. Additionally, searches are generally required to occur during daytime hours (between 7 AM and 10 PM) unless the warrant explicitly permits a nighttime search.
These time limitations are in place to protect individuals from undue disruption and to ensure that the circumstances leading up to the warrant remain relevant and valid.
If the warrant expires, it may be reissued as long as the judge still believes there is probable cause to support it. Therefore, if the probable cause that existed at the time of the original issuance is no longer relevant, the judge will not reissue the warrant.
How This Helps Your Case: If a search is conducted outside the permitted timeframe or under improper circumstances, this may constitute a violation of your rights. Such violations can serve as grounds to challenge the evidence collected.
Knock-and-Announce Rule
Under normal circumstances, when executing a warrant, law enforcement is required to knock, announce their presence, and provide occupants with an opportunity to open the door voluntarily.
This rule is intended to avoid unnecessary damage and shock to those inside the property. However, officers may bypass this requirement in certain cases where they can show that announcing their presence would endanger safety or allow evidence to be destroyed. Simply put, Before an officer may execute a California search warrant at your home or business, they must:
- Knock on the door,
- Announce themselves as a law enforcement officer,
- Inform you that they have a search warrant, and
- Give you enough time to open the door.
When exigent circumstances are present, the knock-notice requirements may be waived. This is typically the case where police suspect that those inside the home might arm themselves or destroy the drugs.
How This Helps Your Case: If officers fail to comply with the knock-and-announce rule without valid justification, this could be interpreted as a violation of your rights. Evidence gathered during such a search may be subject to suppression in court.
Law enforcement officers can enter a home without permission after their entry has been refused. If you refuse to open the door for the officers or permit them into your home, the police may break in through a door, window, or any other part of the house to execute the California search warrant. The same holds if no one is home.
Why These Restrictions Matter
The restrictions surrounding search warrants in California play a vital role in maintaining fairness and protecting individuals from unlawful searches.
For someone accused of a crime, these safeguards are often a critical part of your defense. If law enforcement fails to comply with these requirements, it raises questions about the validity of the evidence they present.
The most common challenge to a search warrant is California Penal Code 1538.5 PC motion to suppress evidence. This motion may be filed if you wish to recover seized evidence or exclude seized evidence from your trial.
Another common defense strategy a good criminal defense attorney uses is scrutinizing the search warrant and its details of execution. Highlighting any procedural errors or constitutional violations regarding the warrant can lead to the exclusion of key evidence and, in some cases, dismissal of charges.
For more information, contact our law firm, Eisner Gorin LLP, based in Los Angeles, CA.
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