5 FAQs About California Search Warrants
If you have been subject to a search warrant, California, you must seek the assistance of a Wallin & Klarich criminal defense attorney experienced in such cases. For over 40 years, our lawyers have represented clients who were subject to search warrants in Southern California, and we provide you with 5 facts about search warrants that you should be aware of. Speak to us today for immediate help.
1. Do the police need a search warrant if I am on felony probation or parole?
No. As a condition of being on probation or parole, you may have given up your right to be free from otherwise unlawful searches and seizures of your person or property. However, a peace officer must know that you are on probation or parole prior to executing a warrantless search and/or seizing your property.
2. Is it legal for the police to force their way into my home to serve a search warrant in California?
Not usually. Law enforcement must announce their presence and give you notice of their purpose (known as the California “knock-notice” rule) prior to entering your home, and give you a reasonable amount of time to comply with their demand. If you refuse, then they can use force to enter your home, car, or business.
3. Is there any way to challenge a search that was not lawfully conducted?
Yes. A motion to suppress evidence under California Penal Code 1538.5 may be filed to suppress, or throw out, any evidence that was obtained in violation of any state or federal constitutionally protected right.
4. If the police seize property from me can I get it back?
It depends. If it isn’t unlawful to possess whatever was taken, then yes, you have the right to reclaim your property. In fact, the police must give you a receipt for anything they take from you that is lawful to possess, and store it safely for you. However, if you are a felon, and a firearm is recovered in the execution of the search warrant, then the weapon may be declared a nuisance and disposed of by the court.
5. Should I hire a criminal defense lawyer if I’ve been subject to a search warrant?
If you’ve been subject to a search warrant, it is vital that you contact an attorney at immediately. Any lawfully seized evidence may be used against you in a criminal case. If any part of the search was unlawful, the attorneys at can file a motion to suppress evidence pursuant to Penal Code Section 1538.5. If that motion is granted by the judge the evidence will not be allowed to be used in court against you.
With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, the criminal defense attorneys at have aggressively protected the rights of their clients for over 40 years. We have the knowledge and experience to help you win your case.
Call (877) 4-NO-JAIL or (877) 466-5245 today for a free consultation. We will be there when you call.