State of California Search and Seizure Laws

Based on the Fourth Amendment of the United States Constitution, most people have a right to be free from an unreasonable search and seizure committed by police or other law enforcement agencies. This applies to actions by local law enforcement agencies as well as federal agencies, such as the FBI.
Based on the Fourth Amendment, an unreasonable search and seizure means that a police department cannot search your property or your person without the following:

• A valid search warrant, signed by a judge; or
  
• When the search has fallen within the exceptions outlined in the warrant requirements, which is recognized by both federal and state courts.

Exceptions to the Unreasonable Search and Seizure Rule

Exceptions to a search and seizure will vary, depending on what item or property is being searched. For instance, different rules apply when a police agency is searching through a person’s cell phone versus his or her vehicle.
For the most part, however, exceptions exist and can include the following:

• The search and seizure is being performed with the owner’s consent;
• Based on a lawful arrest, the police have searched the property in order to look for evidence that could be destroyed and/or for weapons that may be used against them.
• Searches made to inspect a location, such as those performed at an international border;
• Probable cause searches, where an officer has reason to believe an automobile has evidence related to a crime;
• Searches made based on plain view, where an incriminating item in outright recognized;
• A search and seizure that is performed during an emergency situation, where the goal is to prevent property damage or physical injury;
• Stop and frisk, which is searching a detainee on his or her outer clothing for possible weapons; and
• A search performed in a situation where the individual has no reasonable expectation of privacy.

Exceptions to the Unreasonable Search and Seizure Rule

In the State of California, you may be protected against an unlawful search and seizure if you have a reasonable expectation of privacy. This is based on:

• The Fourth Amendment of the United States Constitution; and
• Article I, Sect. 13, of the State Constitution.

Common places where you may have an expectation of privacy includes:

• Your place of residence,
• Your computer,
• Your cellphone,
• Your hotel room, and
• Your tent
• You may not expect privacy in:
• Property you have discarded,
• Contents of a stolen vehicle, and
• Property found in a vehicle you are a passenger of.

While most searches and seizures will require a warrant in order to be legal, not all searches and seizures committed with a warrant will be constitutional. Challenging the admission of evidence produced from a search and seizure can be possible if:

• The warrant used to commit the search and seizure was invalid or defective, or
• The police agency’s search exceeded what was permitted by the warrant, and/or yielded evidence aside from what was described in the warrant.

Warrants may be considered invalid or defective if:

• The agent requesting the warrant misled the judge on the facts that would justify the warrant.
• The search warrant was not specific with regard to the area that needed to be searched and/or the evidence the warrant was meant for; and
• The warrant issuing judge was biased.

Obtain the Legal Support of a Skilled Criminal Defense Attorney

If you were the victim of an unlawful search or seizure, you may be able to exclude the incriminating evidence from your case. Through California Penal Code §1538.5, it may be possible to file a motion to suppress the evidence. Speak to a well-versed criminal defense attorney who can review your case and defend your rights.
The experienced criminal defense attorneys at Milligan, Beswick, Levine & Knox, LLP, are highly regarded in the field of illegal search and seizure cases. The firm is committed to ensuring their client’s constitutional rights are upheld. Consider contacting the firm today for a free case evaluation.