What constitutes an illegal search of your home?

In order for law enforcement to properly search your home, law enforcement is required to have a valid search warrant.  Under the fourth amendment, a person is protected from unreasonable search and seizure.

A valid search warrant must be based on:
-    Probable cause,
-    Signed by a judge, and
-    Describes the place and things searched.

The police are not required to have the owner of the home watch while the police search their home. Typically the police tend to put the owner of the home in custody during the search.  Police often claim it is for their safety but of course they do not want witnesses to know how they search.  If police arrive at your house and immediately barge into your home and begin searching your house without a warrant, you have the right to exclude any contraband seized by the police officers because they have violated your fourth amendment rights.

However, there are exceptions to the warrant requirement.  On such exception is consent.  If you are the owner of the home and you consent to a search, then a warrant is not required and if any illegal items or found in your home, it will be used against you.  Therefore, it is never in your advantage to consent to a search.  You have the right to say NO and deny the police from entering your home.

Another exception is if there’s an exigent circumstance, or an emergency.  For example, if police are chasing a suspect on foot through a neighborhood and the suspect enters a home.  The police will likely enter that home and conduct a search of the home to find the suspect.  Although the police will not be searching through cabinets and drawers, any contraband or illegal items in the plain view of the officers will likely be seized and used against you in court.

If you or a loved one has been arrested for items seized in your home, it is critical that you contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 criminal defense law firm who can effectively represent your side of the story.