illegal search and seizure in san diego
DESCRIPTION
Learn more about illegal search and seizure in San Diego in this presentation.TRANSCRIPT
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
LEARN MORE ABOUT ILLEGAL SEARCH AND SEIZURE IN SAN DIEGO
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