California Search and Seizure Law

“Search & Seizure”

The Fourth Amendment to the U.S. Constitution states generallaw we have the right to be free from unreasonable “searches and seizures” through regulation enforcement. This applies to both federal and kingdom groups.

The Fourth Amendment’s rule in opposition to unreasonable search and seizures approach that police won’t seek you or your own home except one of the following is real:

They have received a valid search warrant from a decide, or the quest falls within one of a number of exceptions to the warrant requirement identified by using federal and California courts.

Exceptions to the warrant requirement:

Exceptions to the rule that police searches and seizures require a warrant range relying at the sort of belongings that is being searched.

Cell phones

There are unique policies about while police can also seek “smartphones” and other digital gadgets without a warrant.

For example, the exceptions that observe to police searches of cellphones are exceptional from people who follow to police searches of motors.

But, usually speakme, exceptions to the warrant requirement for searches and seizures exist for:

Searches/seizures executed with someone’s voluntary consent;

Searches/seizures incident to a lawful arrest, wherein the police are looking both for weapons that might be used in opposition to them or for criminal evidence that could otherwise be destroyed;