A warrantless search is unconstitutional under the Fourth Amendment. Searches pursuant to a warrant are preferred over searches conducted based on exceptions to the warrant requirements-Illinois v. Gates, 462 US 213 (1983).
Warrant Affidavit
A warrant includes an affidavit from law enforcement, provided under penalty of perjury. The affidavit must set forth the facts to establish the grounds for the application or probable cause for believing that they exist-People v. Frank, 38 Cal.3d 711 (1985).
Law enforcement is presumed credible when a Judge decides whether to issue a warrant-People v. Hill, 12 Cal.3d 731 (1974).
Probable Cause
Probable cause to arrest requires a link between a suspect and a crime. People v. Barnum, 113 Cal. App.3d 340 (1980).
Probable cause to search requires a link to the items seized to an offense and another that connects them to the place to be searched- People v. Barnum.
Because the information provided in the warrant affidavit can become stale, the element of time is crucial to probable cause-People v. McDaniels, 21 Cal.App.4th 1560 (1994).
Execution of Warrant
When executing a warrant, before entering a residence, law enforcement must knock, announce their presence as police, announce the authority in which they seek entry, and give occupants sufficient time to allow them to enter voluntarily. Penal Code Sections 844, 1531.
Exceptions to knock and announce include necessity, consent, and when the place is unoccupied or abandoned-Hart v. Superior Court, 21 Cal.App.3d 496, 501-505 (1971).
A warrant must be executed by ten days after the issuance date. However, items found need not be examined within ten days of the warrant's release-People v. Bowden.
The authority to detain a person incident to the execution of a warrant is limited to persons who are in the immediate vicinity of the premises to be searched-Bailey v. United States, 568 U.S. 186 (2013).
Law enforcement may thoroughly search entire premises, including any places and containers that could hold the items to be seized-People v. Balint, 138 Cal.App.4th 200 (2006).
There must be reasonable suspicion that the persons are armed and dangerous to justify a pat-search-Ybarra v., Illinois, 444 U.S. 85 (1979).
A warrant must list all vehicles, and the affidavit must include probable cause to search them-People v. Sanchez, 116 Cal.App.3d 720 (1981).
Challenges to Warrants
Penal Code Section 1538.5(a)(1)(B) provides that a defendant may move to suppress evidence when the search or seizure with a warrant was unreasonable because the warrant is insufficient on its face, the property or evidence obtained is not described in the warrant, there was not probable cause for the issuance of the warrant, or the method of execution of the warrant violated federal or state constitutional standards.
A defendant may move to quash the warrant when it is insufficient on its face. People v. Rowland, 82 Cal.App.5th 1099 (2022). The defendant bears the burden of establishing its invalidity or improper execution-People v. Wilson, 256 Cal. App. 2d 411 (1967).
A defendant has a limited right to challenge the validity of a search warrant by controverting the factual allegations made in the affidavit in support of the warrant by way of a motion to traverse a warrant-People v. Luttenberger, 50 Cal. 3d. 1 (1990).
If the defendant proves a false statement knowingly and intentionally or with reckless disregard for the truth at a hearing, the false material must be set aside.
If the affidavit's remaining content is insufficient to establish probable cause, the search warrant must be voided, and the fruits of the search excluded-People v. Lee, 242 Cal.App.4th 161 (2015).
Evidence cannot be suppressed when law enforcement acted in good faith in reasonably relying on a search warrant issued by a detached and neutral magistrate, which is subsequently found invalid-United States v. Leon, 468 U.S. 897 (1984).
The government has the burden of proving facts warranting the application of the good faith exception-People v. Willis, 28 Ca.4th 22 (2002).
Contact our California criminal defense lawyers for additional information. Eisner Gorin LLP is based in Los Angeles, California
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