Most people generally understand search warrant laws in California, but the relevant issues that need to be discovered are the legal requirements and probable cause.
A search warrant gives law enforcement the authority to search your home, vehicle, or other areas they believe might have evidence of a crime, but there are some restrictions.
It's essential to clearly understand the rules, regulations, and defenses for California search warrants.
First, police must request a search warrant from a judge by convincing them to issue the warrant by providing them with “probable cause,” meaning:
- they have reason to believe that evidence related to a crime, or;
- someone who allegedly committed a crime;
- is at the location they are seeking to search.
What Must Be Described in a Search Warrant?
For a California search warrant to be legal, it has to describe the specifically:
- place to be searched; and
- the person or items that will be seized if they are located.
This means that California search warrants are legally required to be specific, and law enforcement can't go beyond what the judge authorized.
plain view exception
There is a plain view exception to this search warrant rule. Illegal Items can be seized during a legal search if they are in “plain view” while the search occurs.
For example, if law enforcement enters your home with a legal search warrant to seek cocaine but rather find in plain view methamphetamine on the kitchen counter, they can seize and use it against you in court.
felony probation or parole
Also, law enforcement doesn't need a California search warrant from a judge if you are on felony probation or parole.
This is because, as a standard condition of being on probation or parole, you forfeit your legal right to be free from unlawful searches and seizures.
How is a California Search Warrant Issued?
A judge or magistrate signs a search warrant on behalf of California. However, the warrant is represented by the local DA's office and executed by law enforcement as defined under California Penal Code 1523 PC.
It should be noted that before a judge will sign a search warrant, several requirements must be satisfied, such as:
- a prosecutor and police must reasonably convince the judge that a crime was committed, and;
- evidence of the crime will likely be located at the location listed in their search warrant application.
Getting a judge to approve a search warrant ensures a neutral party can evaluate the facts and circumstances before determining whether to issue the warrant.
Requirements for a search warrant
To obtain a California search warrant, certain requirements must be met, which are commonly known as the “grounds” for issuance of the warrant.
Some factors that will justify a judge to issue a search warrant at a property include:
- when the property has evidence that a felony crime occurred or will be used to commit a crime;
- when the property uncovers child pornography;
- when someone with an active warrant is at the property.
Police must show probable cause when they apply for a search warrant.
What is Probable Cause?
Most readers are familiar with the term “probable cause,” but what does it mean? It's the standard of proof by which law enforcement has:
- sufficient grounds to arrest a person,
- conduct a property or personal search, or
- to obtain an arrest warrant.
The Fourth Amendment of the U.S. Constitution guarantees everyone the right to be free from unreasonable search and seizure.
A judge will typically approve a search warrant only if they have a reasonable belief that the person or property listed on the application will be found at the location to be searched.
A judge determining probable cause
This means the judge must determine whether sufficient probable cause exists to issue the search warrant. So, the judge can ask questions of the:
- police officer,
- prosecutor, or
- police detective who applied for the search warrant,
- any witnesses that were used as reliable information.
The judge could also ask for information received from an informant, who police frequently use to get crucial information for a search warrant.
For a judge to approve and sign off on a California search warrant, they must be shown facts and evidence, not just a police officer's opinion on alleged criminal activity.
The judge must determine enough probable cause to approve a search warrant. They must be convinced that the information provided in the warrant is reliable.
Execution of a California Search Warrant
Once the judge issues the search warrant, it must be executed within 10 days, or it is voided.
There are guidelines that must be followed. For example, a search warrant must be executed during normal business hours when practical.
Good cause
However, the judge could allow a search at any time of day or night if they find “good cause,” which means there are facts to support that the nighttime execution of the search warrant is justified based on the specific circumstances.
It should be noted that the judge will always consider public safety when deciding whether to allow a nighttime search.
Seized property
In most cases, law enforcement will seize some property due to executing a search warrant.
They must leave a receipt for the individual that includes a detailed description of all the property seized.
If someone else is at the search location, they must place a receipt where the property was found as described under California Penal Code 1535 PC.
The seized property must then be kept in the custody of law enforcement until it can be presented in court later.
Motion to Suppress Evidence – Penal Code 1538.5 PC
One of the most common ways for a criminal lawyer to challenge a California search warrant is a motion to suppress evidence defined under Penal Code 1538.5 PC.
In other words, it's an attempt to exclude seized evidence from being used against you in court. An unreasonable search and seizure motion can be filed due to the following:
- lack of probable cause to issue the search warrant;
- The search warrant was insufficient on its face;
- evidence seized was not described in the search warrant;
- illegal execution of the search warrant.
If the motion is successful, the evidence found and seized will typically be excluded, meaning the prosecutor can't use it against you. In most cases, they will be forced to reduce or dismiss the charges.
If you were involved in a California search warrant, contact our Los Angeles criminal defense lawyers to review the details. The Fourth Amendment to the U.S. Constitution gives you the right to be secure against unreasonable searches and seizures. We may be able to prove police unlawfully seized items during a search and prevent them from being used against you.
