Under our Constitution, the police need a warrant to search your home. There are exceptions to the requirement that a search warrant is needed. If your case falls within a exception, then the police officers can search certain areas within your home, and possibly the entire house.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.

Answer Applies to: California
Replied: 12/14/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Usually, police officers need a search warrant to search any house. However, there are many exceptions to this rule.

A"search term" is a common feature of an grant of probation or parole.A police officer can search an area nearby incident to arrestor can be given consent to search a house. Finally, police officers may do a "protective sweep" of a house and all evidence sen in plain view can be used againt you.

If the police did not have a warrant, they must prove how they legally seized this evidence. You should contact an experienced defense attorney to help you with this case.

If you have any other questions about this case, please contact my office.

Answer Applies to: California
Replied: 11/27/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Based on your description of the events, the search of your residence sounds unlawful. While they can enter your home with a warrant in order to arrest you they can only search the area immediately around you and your person. If they see, however, illegal things while they are arresting you they can often seize them. Going back into the house to search it after you have
been arrested does not sound like it comes within the recognized exceptions to a search warrant being required for the search of a residence. Your attorney needs to obtain the police report. The police may be claiming that you have consent to search the house in which case he or she will need to bring a motion to suppress the evidence at a special hearing.

Answer Applies to: California
Replied: 11/25/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

You should hire an attorney to assist you. There does appear to be an issue with the search but one would need more information to be certain.

Answer Applies to: California
Replied: 10/7/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Unless you are on probation or parole with a search and seizure clause or someone else who resides there consented to the search, it sounds like you have a good motion challenging the legality of the officers actions under the Fourth Amendment. If you win the motion, called a motion to suppress, the evidence will be excluded and in all likelihood the case will be dismissed.

Answer Applies to: California
Replied: 10/7/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

The traffic warrants are sufficient for the police to enter and arrest you. However, the search inside the house may not be legal if it was not considered "incidental to a lawful arrest." You need to contact a lawyer ASAP.

Answer Applies to: California
Replied: 10/6/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

No, the United States Constitution would require a search warrant under the circumstances you described.

Answer Applies to: California
Replied: 10/6/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Generally speaking, there are exceptions to the warrant requirement. In your matter, they had a valid arrest warrant so they can arrest you. They can also do a walkthrough of your property for other parties and officer safety. This is generally referred to as clearing the residence. There are factual questions that come into play in this matter so you need to talk to an attorney. Normally, they would not be able to search a small drawer for example. A closet large enough to hold a person would be reasonable.

Answer Applies to: California
Replied: 10/6/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

It really depends on the circumstances, as there are various exceptions to the need for a warrant (e.g., Plain View Doctrine, Emergency Circumstances/ Hot Pursuit). Unfortunately, I need a bit more detail. Please call me for a consultation.

Answer Applies to: California
Replied: 8/12/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Searches by the police are very involved and, therefore, much more information is needed to give you the right answer. Please contact me so I can help you.

Answer Applies to: California
Replied: 8/11/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

A recent Supreme Court case may mean that the seizure of the rifles was illegal and the evidence and cannot be used against you. But this is a very preliminary prediction and more facts are needed to know whether it is illegal or not. What you need in this situation is an experienced criminal lawyer, and I would be happy to discuss this with you further. Feel free to call me for a free consultation. But you NEED a criminal lawyer. Period.

Answer Applies to: California
Replied: 8/11/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

It depends on many factors whether this was a legal search or not. You should have an attorney experienced with search and seizure law representing you. Call me or have a family member contact me for a consultation.

Answer Applies to: California
Replied: 8/11/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Police officers need either (1) an arrest warrant or (2) probable and exigent circumstances to lawfully enter a persons home to arrest its occupant. (Kirk v. Louisiana (2002) 536 U.S. 635 [153 L.Ed.2nd 599].) Once in the house, if they have a search warrant, they can legally search. If you or someone residing in the house gave permission for a search, then it is okay. If you were in the house when the arrest began and there was something in plain sight or within your reach, they do not have to ignore it but can seize it. If they have a warrant only for your arrest, they have the right, based upon the authority of the arrest warrant, to search anywhere in the house that you might have been found. (Maryland v. Buie (1990) 494 U.S. 325, 330 [108 L.Ed.2nd 276, 283].) The inquiry is a factual inquiry based upon the circumstances moment by moment.They are allowed to do a search but only in specified circumstances. You really should retain counsel to analyze the facts of your case and bring a motion to suppress, or to introduce evidence at your preliminary hearing. There are so many factors that it is difficult to assess without police reports and witness statements.

Answer Applies to: California
Replied: 8/11/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Generally, the police need a search warrant in order to search your home. However, under certain circumstances, typically called "exigent circumstances", it is possible for a search of the residence to take place without a warrant. Whether the search of your residence without a warrant was legal depends on the particular and specific circumstances of your case. If your case is in Ventura County, then please feel free to call me to discuss further.

Answer Applies to: California
Replied: 8/11/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Generally NO, the police cannot search your home without a warrant. There are exceptions to the rule against unreasonable searches or seizures. One exception is a search incident to an arrest. Please read my websites brief article on search warrant basics: dotsondefense.com/post/Search-warrants-The-Basics.aspx. You should hire an attorney immediately.

Answer Applies to: California
Replied: 8/11/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.