Illegal Search and Seizure in San diego

Слайд 0

When and How the Police Can Search Your Home Illegal Search and Seizure in San diego

Слайд 1

Your Constitution Rights

Слайд 2

Both the U.S. Constitution and the California State Constitution provide us with the right to be secure in our homes

Слайд 3

Meaning that you should not be subjected to a search of your home without a good reason and without the officer following proper legal procedure

Слайд 4

Obtaining a Search Warrant

Слайд 5

Usually needed to search your home Officer must swear out an affidavit which provides the probable cause needed to obtain the warrant Judge must sign

Слайд 6

Must describe the place to be searched and the items to be seized Details are important – police can only search for, and seize, items included in the warrant

Слайд 7

Exceptions to the Warrant Requirement

Слайд 8

There are exceptions to the warrant requirement, including:

Слайд 9

Consent – this is the most commonly used exception to the warrant requirement Simply put, if you consent to a search of your home a warrant is not required

Слайд 10

Plain View – this one is usually used in conjunction with a valid warrant If officers obtain a valid warrant that allows them to search your home and seize stolen televisions but they see a bag or marijuana sitting on the kitchen table when they walk in the door, they can seize the marijuana as well because it was in plain view

Слайд 11

Incident to Arrest – if an officer has a warrant that allows him or her to enter your home to effectuate an arrest (usually a felony arrest warrant) the officer may also search the area around you that is under your immediate control for contraband or weapons

Слайд 12

Exigent Circumstances – officers may enter and search your home if exigent circumstances exist and they have probable cause An exigent circumstance occurs when an officer has a compelling need to take action but does not have the time required to obtain a warrant

Слайд 13

Exclusionary Rule

Слайд 14

The exclusionary rule prevents the government (in most cases) from using evidence that was obtained as a result of an illegal search and seizure

Слайд 15

It also prevents the use of evidence that was found outside of your home

Слайд 16

But that would not have been found but for evidence obtained as a result of an illegal search of your home

Слайд 17

LEARN MORE ABOUT ILLEGAL SEARCH AND SEIZURE IN SAN DIEGO

Слайд 18

www.attorneylombardo.com Content provided by Best Legal Practices