On August 1, 2005, police officers arrested Raul Leal at his home. The police handcuffed Mr. Leal, led him away from his home and confined him to a police car which was over 30 feet from his home. Without a search warrant, the police searched Mr. Leal’s residence and determined there was no one else home. The police officers then searched an area near the front door and found a handgun without a serial number underneath a sweatshirt. Mr. Leal was charged with obliterating the identification of a firearm. Mr. Leal’s attorneys sought to suppress the handgun seized at his home.
Under the Fourth Amendment, a warrantless search incident to arrest is valid to remove any weapons within an arrested person’s immediate control. In other words, a search following an arrest is limited only to an area in which the arrested person may reach for a weapon to resist an officer or assist in their escape. In this case, the California Court of Appeal held that the search was unreasonable and suppressed the handgun. Mr. Leal was confined in a police car nowhere near his home, while the police officers were safe and no one else was home. Therefore, the officers were not allowed to pick up a sweater lying on the floor and seize the handgun.
An experienced California criminal defense attorney will be able to determine if evidence unlawfully seized by the police can be suppressed due to a violation of the Fourth Amendment. If you or someone you know is facing criminal charges in California, contact Wallin & Klarich. Wallin & Klarich has over 30 years of criminal defense experience. Call 1-888-749-0034 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today. Please visit us at www.wklaw.com.
