Illegal Search and Seizure in San Diego

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

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Your
Constitution Rights
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Both the U.S. Constitution and the California
State Constitution provide us with the right to
be secure in our homes
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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
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Obtaining
a Search Warrant
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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
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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
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Exceptions to the
Warrant Requirement
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There are exceptions to the warrant requirement,
including
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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
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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
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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
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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
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Exclusionary Rule
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The exclusionary rule prevents the government
(in most cases) from using evidence that was
obtained as a result of an illegal search and
seizure
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It also prevents the use of evidence that was
found outside of your home
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But that would not have been found but for
evidence obtained as a result of an illegal
search of your home
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LEARN MORE ABOUT ILLEGAL SEARCH AND SEIZURE IN
SAN DIEGO
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www.attorneylombardo.com
Content provided by Best Legal Practices