Search and Seizure Rights: What Every Californian Should Know

Search and Seizure Rights: What Every Californian Should Know

Are you aware of your search and seizure rights as a Californian? It can be a little overwhelming and confusing to understand the intricacies of these laws, especially when it comes to potential violations of your privacy. Every Californian should understand their rights in these matters, so they can protect themselves. As an Orange County criminal defense lawyer, the Law Office of William Bruzzo believes in empowering our clients with the information they need to make educated decisions about their futures.

Fourth Amendment to the Constitution

The Fourth Amendment to the United States Constitution protects people from unreasonable searches and seizures. It states that people have the right to be secure in their persons, houses, papers, and effects against illegal searches and seizures, and that no search warrants shall be issued without probable cause. This amendment forms the basis for the laws surrounding search and seizure rights. In a nutshell, the Fourth Amendment is a critical protection that ensures that law enforcement officers cannot invade a person’s privacy without a valid reason. It serves as a safeguard against arbitrary intrusions by the government and upholds the principle of individual freedom and privacy.

Reasonable Expectation of Privacy

A crucial concept in understanding search and seizure rights is the reasonable expectation of privacy. This concept is based on the idea that people have a legitimate presumption of privacy in certain areas or items. Whether or not a reasonable expectation of privacy exists depends on various factors, like the location or item being searched and the circumstances surrounding the search.

For example, people generally have a reasonable expectation of privacy in their homes, where they have an understanding that Americans should be free from unwarranted government intrusion. On the other hand, people have a lower expectation of privacy outside their homes, where they are exposed to public view. 

How Is a California Search Warrant Obtained?

In California, a search warrant is a court order that authorizes law enforcement officers to search a specific location or seize specific items. To obtain a search warrant, officers must demonstrate probable cause to believe that a crime has been committed and that evidence or contraband related to the crime can be found at the location to be searched.

The process of obtaining a search warrant involves several steps. First, the police officer must prepare an affidavit, which is a written statement detailing the facts supporting probable cause. The officer then presents the affidavit to a judge who evaluates the information to determine if probable cause exists.

If the judge finds that probable cause has been established, they will issue a search warrant. The warrant specifies the location to be searched and the items to be seized. Once a search warrant is issued, law enforcement can proceed with searching the specified location.

Exceptions to the Warrant Requirement

While search warrants are generally required for searches and seizures, there are certain situations where law enforcement is exempt from obtaining a warrant. These exceptions, known as warrantless searches, are based on specific circumstances that justify a departure from the typical search warrant requirement. As an Orange County criminal defense lawyer, here are some common exceptions our office comes across to the warrant requirement include:

• Exigent Circumstances: When there’s an emergency, such as the imminent threat of harm to people or the potential destruction of evidence, law enforcement may conduct a search without a warrant.
• Plain View Doctrine: If an item that is illegal or constitutes evidence of a crime is in plain view of an officer who is lawfully present in a location, they may seize the item without a warrant.
• Consent: If a person voluntarily gives consent for a search, law enforcement can conduct the search without a warrant. 

Exclusionary Rule & Motions to Suppress Evidence

The exclusionary rule is an important remedy for violations of search and seizure rights. It states that evidence obtained through an unlawful search or seizure is not admissible in court. The purpose of this rule is to deter law enforcement from conducting unconstitutional searches and seizures and to protect our Fourth Amendment rights.

If you believe your search and seizure rights have been violated, talk to an Orange County criminal defense attorney who can file a motion to suppress the evidence unlawfully obtained. This motion asks the court to exclude the evidence from being used against you in your criminal case. A successful motion to suppress can significantly impact the outcome of your case, as it may result in the dismissal of charges or a reduction in penalties.

What to Know About Vehicle Searches in California

Vehicle searches are an area of search and seizure law that deserves special attention. California law allows police officers to search a vehicle without a warrant under certain circumstances. This means that people enjoy a lesser expectation of privacy in their vehicles compared to their homes. Law enforcement in California can perform a warrantless search of a vehicle if:

• They have probable cause to believe that the vehicle contains evidence of a crime.
• The search is incident to a lawful arrest of the vehicle’s occupant.
• The search is conducted during an inventory search after impounding the vehicle.

It’s worth stating though that as an Orange County criminal defense lawyer, one of the most common ways in which we see unnecessary searches happening is because police officers simply ask if they can look in your trunk or through your purse and hint as to whether you have anything to hide. Using simple psychological persuasion, cops are given the green light to find people’s drug stashes, fake IDs, or whatever else. Please hear us clearly: you can absolutely say no when a police officer asks you if they can look through your property. Don’t be bullied or intimidated. Say, “I know my rights, and you need a warrant for that.” 

Orange County Criminal Defense Lawyer

If you believe your search and seizure rights have been violated in Orange County, please defend your rights. You do not have to politely accept this abuse. Speaking up helps keep police in check and could save others some hassle in the future. The Law Office of William Bruzzo is here to assist you with your legal needs. To speak to an Orange County criminal defense lawyer now and get all of your questions answered, contact our office.