When searching people's homes, the police must meet specific requirements. A person's home is certainly their castle. Still, if the police can demonstrate that a particular person is either committing a crime in their home or there is evidence of a crime in their home, they can obtain a search warrant signed by a judge and enter the home to conduct a search.

So, the question becomes, how do they show that someone is either committing a crime in their home or that there might be evidence of a crime in their home? This is where we get into the concept of probable cause. In other words, the people must have probable cause—a reasonable suspicion—that some sort of criminal activity is occurring in a home.

A lot of times where I see this coming up when a confidential informant gives the police information about some sort of criminal activity, for example, drug activity being conducted in a home. They were in the home. They saw the drug activity. They saw the weapons. They bought drugs inside the home. That would certainly be the start of establishing probable cause in a home.

In that situation, the police will likely survey the home to gather more information about what is happening inside. If they observed people coming and going all the time or witnessed hand-to-hand transactions, they would now have information that suggests this particular person is involved in some sort of criminal activity. If they were able to search the home, they would likely find something.

At other times, what we see is that people get arrested for a crime, and the police think to themselves, you know what? I bet this person has evidence related to that crime – maybe a gun or some sort of clothing in their home. However, they can't simply write up a search warrant and establish probable cause based on a hunch. They are going to need some reasonably articulable facts that show, yes, there would be a gun in the home. Here's why. They're going to really need to spell it out in the search warrant. Otherwise, they won't be able to get in.

When Are Police Able To Get Into Somebody's Home Without A Search Warrant?

The way they would be able to enter someone's home without obtaining a search warrant is if they could establish several key factors. One of the easiest ways to enter a person's home without a search warrant is when the person consents to the entry. In other words, they say, 'Do you mind if we search your home?'

Sure, go ahead. That's it. Now they can access everything and search as needed. A lot of people get intimidated and tricked into letting the police into their homes, not realizing that they have the right to say absolutely no. You cannot come into my home. Because if they do that, it forces the police, who are going to play fair, to try to obtain a search warrant. They might not be able to get one. They may not have reasonably articulable facts that the person is involved in some sort of crime.

Another way the police can enter someone's home without obtaining a search warrant is through what is known as exigent circumstances. These are situations that require immediate action to prevent serious harm to people or property, or to prevent the escape of a suspect. For example, let's say they're chasing somebody who just robbed a bank, and that person runs right through your home – the police are going to be able to chase him in there.

They will not have to obtain a search warrant. By that time, the person can either dispose of all the loot or somehow escape out a back door, so the police will be able to chase a fleeing felon into a home. If they see you commit a crime – let's say they're chasing you for a DUI, and now you're evading arrest, you drive right up into your driveway and run into your house. Do they need a warrant? No, they don't. Therefore, in difficult or emergency circumstances, the police may enter someone's home without obtaining a search warrant.

What Is The Constitutional Protection?

The Fourth Amendment to the United States Constitution is a powerful tool that protects you and everybody in America against unreasonable searches and seizures by the police. This includes your home, your car, and your person. Anytime the police want to enter someone's house, they will have to obtain a search warrant. This constitutional protection ensures that your rights are upheld and that the law is on your side.

For example, they are only allowed to go to certain areas. Let's say the warrant only authorizes a search of the house. Does that mean they can now search for a detached garage or other detached buildings? Actually, only if it's specified in the warrant. In other words, they cannot exceed the scope of the warrant. For example, if a car were parked, would they be able to search it? Only if they included it in the warrant did the Magistrate review everything and allow them to search the car.

So, there are certain things that defense attorneys can argue when it comes to searching a home. They can challenge the validity of the warrant, the scope of the search, and the basis for probable cause. But, of course, it depends on what they claim the probable cause is for the warrant and what the scope of the warrant covers. So, again, these are all issues that a criminal defense attorney is going to have to look into for you in order to be able to challenge any search of a house.

Challenging a search of a home in Los Angeles can have a significant impact on a criminal case. If you can successfully argue that your Fourth Amendment rights were violated when they searched the home, you can exclude the evidence found in the home. Most of the time, when you exclude the evidence from the home, there is no case left. This is a powerful tool that a criminal defense attorney can use to protect your rights and ensure a fair trial.

The warrant should never have been issued, and a judge can basically quash it by saying that, no, you didn't have probable cause to issue it. The Magistrate who issued it was wrong, and therefore, any evidence found cannot be used against a particular defendant in their criminal case.

Staleness is another issue that we use to challenge warrants in Los Angeles County. In other words, let's say they say, ' Look, we have information. ' There's a shipment of drugs that's coming in the next week, and so, it's going to go into that house. They submit it all to the judge, and the judge issues the warrant. Instead of executing the warrant within the timeframe of that week, they waited three months to execute it. At that point, the defense would have a staleness argument, saying, ' Hey, look, it's too late. ' They should have issued the warrant in the timeframe that they indicated. To do it three months later is ridiculous. That warrant is stale, and everything they got should be thrown out.

Can Police Hide The Source Of The Information?

Yes, there are circumstances where the police cannot disclose information and withhold details about who provided the probable cause for the warrant. This typically occurs in cases where a confidential informant provides them with information. They basically then seal that part of the warrant. They argue, hey judge, if we have to tell who this confidential informant is, they're going to either get seriously injured or killed because they gave the information to be able to get into the home.

So, that's an argument we make all the time. The defense will file a Hobbs Motion. Essentially, that motion informs the defense of who provided the information and what the information is, as it significantly puts the defense at a disadvantage.

You're sitting there reading the warrant, and it really doesn't look like there's probable cause, but then there's that sealed portion that you can't see. You know, a lot of times, the judges are saying, "You have to give me more information about why you want to get behind that sealed portion," and it's like, wait a minute. I don't even know what the sealed portion is.

So, that's a big argument that takes place all the time in criminal defense as it relates to searches of homes in LA county, and only the most skilled criminal defense attorneys – who have been doing this a long time – are going to be in a position to help unseal portions of warrants, be able to challenge warrants pursuant to the Fourth Amendment of the Constitution and get cases dismissed or lessened based on illegal searches of homes.