The law of search and seizure in California

"Search and seizure"

The Fourth Amendment to the US Constitution states that we have the right to be free from unreasonable "search and seizure" law enforcement authorities. This applies to both federal and state authorities.

Rule the Fourth Amendment against unreasonable search and seizure means that the police can not search you or your property, if you do not meet one of the following:

They got a warrant to search the real from the judge, otherwise the search fall under one of a number of exceptions to the warrant requirement, recognized by federal and California courts.

Exceptions to the warrant requirement:

Exceptions to the rule that the police require a warrant for search and seizure dependent on the type of property that are looking for.

Mobile phones

There are special rules for when police can conduct a search, "smart phones" and other electronic devices without the authorization of the warrant.

For example, exceptions that apply to police searches in the mobile phones are different from those that apply to police searches of vehicles.

But, in general, exceptions to the warrant requirement to searches and seizures are for:

The search / seizure, made with someone's voluntary consent;

The search / seizure that occur to a lawful arrest, the police is looking for any weapons that could be used against them, or criminal evidence, which might otherwise be destroyed;

inspection check, for example, at international borders;

Searches of vehicles, when there is "probable cause" in the opinion of the police that the vehicle contains evidence of the crime (this is known as "the vehicle an exception" on demand warrants);

The search apparently inkryminatsyynyh items that are in "normal vision" and the law enforcement bodies carry out otherwise lawful search warrant;

The search / seizure in emergency situations, which are necessary to prevent injury or suras & # 39; oznay damage to property or to search for a suspect who escapes;

"Stop and fury" of a suspect in a criminal case (that is, a search of his upper garment) until he / it temporarily contain (it is sometimes called "Terry stop") to look for a weapon that could be used against the officer; and

Searches in situations where there is no reasonable expectation of particular people.

What happens if I become a victim of an unlawful search and seizure?

If you are the victim of an illegal search and seizure by the police, then you and your California criminal lawyer protection can apply to the court to exclude this evidence in your case. This is what is known as the "exclusionary rule".

This usually occurs through the movement of the PC that provides the action of PC 1538.5 to suppress evidence, that & # 39 is an important kind of advanced movement in California.

To help you better understand where the police can legally conduct a search in the car or truck in California, our lawyers on the criminal protection of California will be treated to the following:

1. The laws of California, search and seizure and the "reasonable expectation of particular"

2. California warrant for search

3. Exemptions from the requirement of a warrant for search and seizure

3.1. Exceptions to search for home / residence

3.2. Exceptions when searching cars

3.3. Exceptions for mobile phones and computers Search

3.4. Exception "normal view"

4. "Exclusion rules" and illegal search / seizure

4.1. "The fruit of the poisonous tree"

1. The laws of California, search and seizure and the "reasonable expectation of particular"

Laws on search and arrest in California originate from:

The Fourth Amendment to the US Constitution and Article I of the California Constitution section.

These constitutional section provides that all citizens have the right to be free from "unreasonable searches and seizures."

search car

The Fourth Amendment to the US Constitution protects you from unreasonable searches and seizures.

But as a rule, you are only protected from unreasonable search and seizure of the property in which you have a "reasonable" expectation particular.

Here are a few examples of places / property in which you have a legitimate expectation of privacy that protects you against searches and seizures:

Your home,
Your mobile phone, computer and other electronic storage devices,
Tent or tarp,
Hotel room and
Personal property, which they bring to the public school students.

They have a search warrant or
One of the exceptions to the warrant requirement.

2. California warrant for search

Many searches / seizures in California with a & # 39 are constitutional because it is handled with the current search warrant.

A search warrant must be signed by a judge.

A search warrant must be allowed to state or federal judge. Warrant entitles the police to search and / or remove items that are either
It may be an indication that a crime has been committed in California, or
It may be an indication that a particular person has committed a crime.

To be true, a search warrant must be based on "probable cause" and specifically describes both
area you want to search for, and
property or thing are looking for.

Due to the fact that he can search warrant to be invalid or faulty, include:

police officer intentionally misleading the judge about the facts that justify the warrant (Form violations of police regulations, which occurs all too often);

The warrant was not specific enough in relation to the area you need to look for any type of evidence that must be sought; and / or

The judge who issued the warrant, was biased.

3. Exemptions from the requirement of a warrant for search and seizure

Some searches or seizures places / property in which you have a legitimate expectation of privacy act, even if they were made without a warrant, as long as they fall within one of a long list of well-recognized "exceptions" on demand warrants. .

The US Supreme Court has put forward a number of exceptions from the requirement of a warrant for search and seizure.

3.1. Exceptions to search for home / residence

The police can enter and conduct a search in your house, apartment, trailer, etc. without pre & # 39; appearance of order when used one of the following circumstances:

You (or anyone else who has authority over the premises) have agreed to search for your home;

There is imminent danger to life or a threat sur & # 39; oznay damage to property; or
The search was conducted in connection with a lawful arrest – and is done either to arrest security enforcement officers or to preserve evidence of the crime of arrest, which would otherwise be destroyed.

3.2. Search for car Exceptions

Under certain circumstances, the police may conduct a search in your car without a warrant.

The police are conducting searches on cars without a warrant, if satisfied that any of the following:

You (or anyone else with the authority to do so) agreed to search for your car;

The police have "probable cause" considers that the vehicle contains contraband or evidence of a crime;

The police lawfully arrested a passenger car – either the detainee is at a distance from the vehicle interior, or is reasonable to assume that the vehicle contains evidence of a crime for which arrested;

Police temporarily delays the passenger car through a stop Terry and reasonably believes that he / it can be dangerous and have access to weapons, which is stored in the car; or

The car has been lawfully detained by law enforcement agencies (as may happen if you make a car the code 14601 for the driving conditions on the permit), and they spend the "inventory search".

As soon as the police catch up with them, they conduct a search of the car and found marijuana hidden under the seat.

Marijuana can be used as evidence against Matilda and Nicole, but the police did not have a search warrant in the car. Their suspicious behavior led police to a high speed chase when they came – established probable cause to search his car.

3.3. Exceptions for mobile phones and computers Search

The search for a computer & # 39; yuterav / electronic devices without the guarantee shall be settled only in a few specific circumstances.

The police can conduct a search on your mobile phone or conduct a search of your computer or hard drive, a tablet computer or other electronic device – without the approval of the order in the following circumstances:

If you or anyone else with the authority by phone / computer / electronic device, consents to a search / seizure;

In an emergency, when the police can show the urgent need for a device looking to pursue outgoing suspect or assist someone who suras & # 39; ozna injured or threatened with imminent injury; or

When transporting the device across the international border (including at airports).

And finally, if, prior to June 25, 2014 California police conducted a search on your mobile phone without a warrant, as long as you are under the legal custody, the prosecutor's office, probably can use this evidence against you.

This is because before that date the law in California was such that under these circumstances free cell phone lookup

In June 2014 in California The search incident uninterrupted mobile services were held.

3.4. Exception "normal view"

Exception "normal looking" – is another important exception to the rules of the search warrant and seizure in California.

In principle, an exception to the usual form says that, when the police searches of the property legally (with a warrant or for a warrant exceptions), they can also look for any items that are in the "normal view", as long as they conduct search and obviously, is charged with.

4. "Exclusion rules" and illegal search / seizure

If you have been the victim of unlawful search and seizure, you have the right to have any evidence that the police had received as a result of the search or seizure "suppressed". This means that the evidence can not be used against you in court on a criminal jury.

You and your California criminal lawyer can protect the suppression of evidence obtained as a result of illegal police search.

This is what the law of California is known as the "exclusionary rule".

Your lawyer can challenge the criminal liability of any evidence of a false search / seizure by an application of the Penal Code 1538.5 to suppress evidence before trial.

If the application is granted – and the evidence from the & # 39 are crucial to the prosecution case against you – you may be able to reduce the charges against you or even reject it.

4.1. "The fruit of the poisonous tree"

"Exclusion rule" applies not only to the evidence found during an illegal search, but on the evidence that the police found an indirect result of the illegal peratrusu.58

This is what is known as the doctrine of the "fruit of the poisonous tree."

"Poisonous Tree" – an illegal search or seizure, and "fruit" – is any evidence that the police can not identify as an indirect result of an illegal search or seizure.