When and How the Police Can Search Your Home

ILLEGAL SEARCH AND SEIZURE IN SAN

DIEGO

YourCONSTITUTION

RIGHTS

Both the U.S. Constitution and the California State

Constitution provide us with the right to be secure in our

homes

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

ObtainingA SEARCH WARRANT

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

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

Exceptions to theWARRANT

REQUIREMENT

There are exceptions to the warrant requirement,

including:

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

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

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

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

Exclusionary RULE

The exclusionary rule prevents the government (in most cases) from using evidence that was

obtained as a result of an illegal search and seizure

It also prevents the use of evidence

that was found outside of your home

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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