Searches and Seizures: A Guide for California Citizens 

A police search can lead to evidence that can later be used against you in court. Understanding the rules of search and seizure can help you protect your rights when you suspect that the rules have not been followed. 

This article provides a guide to search and seizure for California citizens. It will help readers better understand when warrants are needed and when they are not. It will also explain how a Marin County criminal defense lawyer can help if your property has been unlawfully searched or seized. 

What Is a Search or Seizure?

The Fourth Amendment protects Americans from “unreasonable searches and seizures.” For these purposes, a “search” happens when a government agent enters an area where a person would normally have a reasonable expectation of privacy. A seizure happens when these government officers take control of a person’s property. 

For example, most people expect personal items in their homes to be private, so a police officer entering a person’s home would constitute a search. If an officer removed a person’s papers after entering the house, this would be a seizure. 

The Warrant Requirement

In general, the police must obtain a warrant before conducting a search. To obtain a warrant, they must convince a judge that probable cause exists for a search. In this context, probable cause exists when there is a fair probability that a search will yield evidence. 

A warrant must also clearly state what the police are looking for and where they can conduct the search. For instance, a warrant must have the correct address. Additionally, the items must be carefully described. This is particularly important when police ask permission to seek electronic files. 

Common Exceptions to the Warrant Requirement

While the Fourth Amendment requires warrants, all rules have exceptions. Over the years, the U.S. Supreme Court has recognized numerous situations in which police officers can search a home or seize property without a warrant. Here are a few:

Consent

Police do not need a warrant if you give them permission to search your property. This search will be valid as long as the consent is voluntarily given. 

However, not everyone can consent to a search. For example, two roommates share an apartment. The police suspect that Roommate A is involved in a crime. They go to the apartment, but Roommate A is not home. They ask Roommate B for permission to search the apartment. This consent is invalid. While Roommate B can consent to the search of their own space and any common areas, they cannot consent to the search of their roommate’s individual room because they have no authority to do so. 

Search Incident to Lawful Arrest

Officers can search an arrestee immediately after the arrest to ensure officer safety and protect evidence. The officers don’t need special justification to conduct this search. The authority for the search comes from the arrest. So, as long as the arrest is valid, the search will be as well. 

A search incident to arrest is not a blank check, however. Officers are limited to searching the arrestee’s body and the area that they could have easily reached before being handcuffed. Therefore, anything that officers find in a suspect’s pocket or within two to three feet of where they were arrested will be permitted under this exception. 

Plain View 

The plain view doctrine applies when a police officer who is (1) lawfully present on the premises, (2) sees an item that is obviously incriminating or illegal, and (3) can lawfully access the object without violating the suspect’s rights. This may sound complex, but a simple example can illustrate its simplicity. 

A police officer gets a warrant to search a suspect’s home for evidence of counterfeiting. After the officer enters, they see bags of methamphetamine and cocaine sitting out on the coffee table. This scenario fits within the plain view doctrine because the warrant gave the officer permission to be on the premises. The illegal nature of the drugs was immediately apparent. Nothing stopped the officer from accessing the coffee table. If any of these facts were changed, the exception might not apply. 

Automobile Exception

The Fourth Amendment relies on the expectation of privacy. The Supreme Court has decided that cars have a lower expectation of privacy than homes. As such, police can search cars without a warrant as long as they have probable cause to believe that the car contains evidence of a crime. 

Exigent Circumstances

Police don’t have to wait for a warrant if there is a true emergency. This exception applies when an officer has probable cause to believe that a person or property is in imminent danger or that evidence will be destroyed before a warrant can be obtained. 

Probation and Parole Searches 

The U.S. Supreme Court has said that people on probation and parole have lower expectations of privacy than others. As such, probation and parole officers can search their homes without warrants or probable cause. However, arbitrary and harassing searches are not allowed. 

How a Marin County Criminal Defense Lawyer Can Help with Search and Seizure Violations

If police officers fail to follow the rules set by the Fourth Amendment, the evidence cannot be used at trial. This is called the exclusionary rule. If the police violated your Fourth Amendment rights, your Marin County criminal defense lawyer can file a motion to suppress evidence. If successful, this motion will result in the exclusion of any evidence obtained illegally and any evidence discovered as a result of an illegal search. 

While experienced criminal defense attorneys know how to file strong motions, the exclusionary rule has several exceptions. For instance, if the police can prove that they would have obtained the evidence through a method independent of their illegal search, the court will allow the prosecution to use the evidence. Your Marin County defense attorney can help you understand how the exclusionary rule might work in your case. 

Get Help with Search and Seizure Violations

The Constitution applies to everyone. It gives citizens rights and limits what police can do. If you feel that the police violated your Fourth Amendment rights during a search, Contact Brownstein Law Group. Our team of Marin County criminal defense lawyers is dedicated to obtaining personalized results for every client. Call 415-965-6183 or use our online form to contact the Brownstein Law team today.