A Search Warrant Gives The Police The Right To Enter Only A Specified Home Or Business To Search For Certain Types Of Evidence Described In The Warrant

Unless the warrant authorizes an unannounced entry, an officer must knock and announce his presence, and be denied entry before he can use force to enter. A search warrant gives the police the right to enter a specified home or business to search for certain types of evidence. It generally includes the curtilage, outbuildings or automobiles parked on the property. While officers cannot search the person of anyone found on the premises without reasonable cause to believe they are engaged in criminal activity or pose a threat to officer safety, they can reasonably detain anyone on the premises while the warrant is executed, and may be justified in doing a limited pat down for weapons.

The exclusionary rule of the Fourth Amendment prohibits the admission of evidence obtained as a result of an unconstitutional search and seizure. Wong Sun v. United States (1963) 371 U.S. 471. An experienced criminal defense attorney at Wallin & Klarich will be able to determine whether your encounter with police will be deemed a “seizure” triggering Fourth Amendment protections.

If you or someone you know is facing criminal charges in California, contact Wallin & Klarich. Wallin & Klarich has over 40 years of criminal defense experience. Call 1-888-280-6839 to speak to one of Wallin & Klarich’s aggressive and experienced criminal defense attorneys in California today.

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