Understanding California Search and Seizure Laws

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures, meaning law enforcement cannot search your home, vehicle, or person without legal justification. However, police often push legal boundaries, and many people unknowingly allow searches without understanding their rights.

If law enforcement violates search and seizure laws, any evidence they obtain could be thrown out in court—which can weaken or even dismiss a criminal case. Understanding when police can legally conduct a search and what to do if your rights are violated is critical to protecting yourself in any criminal investigation.

If you believe you were the victim of an illegal search and seizure in Los Angeles, contact The Law Offices of Arash Hashemi today. With over 20 years of experience, Attorney Hashemi has successfully defended clients by challenging unlawful searches, filing motions to suppress evidence, and fighting for case dismissals.

What Is Search and Seizure in California?

Search and seizure refers to the process by which law enforcement investigates a person, property, or vehicle to gather evidence of a crime. Under both federal and California law, searches must follow strict legal guidelines to protect individuals from government overreach. If police violate these rules, any evidence obtained may be inadmissible in court.

Understanding the Fourth Amendment

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. This means law enforcement generally needs a valid search warrant based on probable cause before conducting a search. However, there are exceptions that allow officers to search without a warrant under specific circumstances. California law provides similar protections, ensuring that searches and seizures are conducted lawfully and with just cause.

When Can Police Legally Conduct a Search?

• With a valid search warrant – A judge issues a warrant based on probable cause, specifying the place to be searched and the items to be seized.
• With consent – If a person voluntarily agrees to a search, police do not need a warrant. However, consent must be freely given and not coerced.
• During a lawful arrest – Police may search a person and their immediate surroundings after making an arrest.
• If evidence is in plain view – Officers can seize evidence without a warrant if it is clearly visible and they are lawfully present.
• Under exigent circumstances – If police believe waiting for a warrant would lead to evidence being destroyed or pose a danger to public safety, they may conduct an immediate search.
• With probable cause in a vehicle search – Unlike homes, vehicles have fewer privacy protections. If officers have probable cause to believe a car contains evidence of a crime, they can search it without a warrant.

When Is a Police Search Illegal in California?

A police search is illegal when it violates your Fourth Amendment rights by occurring without a valid warrant, probable cause, or a recognized legal exception. If law enforcement conducts an unlawful search, any evidence obtained may be inadmissible in court, which can significantly weaken the prosecution’s case.

Searches Without a Warrant – What’s Allowed?

While police generally need a warrant to conduct a search, there are limited exceptions where warrantless searches are allowed. If none of these exceptions apply, the search may be illegal:

• Consent searches – If a person voluntarily consents to a search, police do not need a warrant. However, consent must be freely given and not coerced.
• Searches incident to arrest – Police may search a person and their immediate surroundings after making a lawful arrest. However, this does not give them the right to search an entire home or vehicle without additional justification.
• Plain view doctrine – If an officer sees illegal items in plain sight while lawfully present, they can seize them without a warrant.
• Exigent circumstances – If police believe that delaying a search could result in evidence being destroyed or pose a danger, they may conduct an immediate search.
• Probable cause in vehicle searches – Vehicles have fewer privacy protections than homes. If police have probable cause to believe a car contains evidence of a crime, they can search it without a warrant.

If none of these conditions apply and police search your property anyway, the search may be unconstitutional, and any evidence they collect could be challenged in court.

Unlawful Search and Seizure – Common Violations

Police sometimes overstep their authority, leading to illegal searches. Some of the most common violations include:

• Searching without probable cause or a warrant – If no legal justification exists, the search is unconstitutional.
• Coercing consent – If an officer pressures or tricks someone into allowing a search, the consent may be invalid.
• Exceeding the scope of a warrant – A search warrant must specify the location and items to be searched. If officers go beyond these limits, their actions may be illegal.
• Prolonging a traffic stop to conduct a search – Police cannot extend a traffic stop just to look for a reason to search the vehicle.
• Illegal stop-and-frisk searches – Officers must have reasonable suspicion that someone is armed or involved in criminal activity before conducting a pat-down search.

What Are Your Rights During a Police Search?

In most cases, you have the right to refuse a search, and exercising this right cannot be used against you in court. Knowing when and how to assert your rights can prevent law enforcement from conducting an illegal search.

Your Right to Refuse a Search

• You can refuse if police do not have a warrant. Unless an officer has a valid search warrant or an applicable legal exception, you have the right to say no.
• You do not have to consent to a vehicle search during a traffic stop. Police need probable cause to search your car unless you voluntarily agree.
• If police ask for permission to search, you can say no. Simply state, “I do not consent to a search.” If they search anyway, your attorney may be able to challenge the evidence in court.

However, if police have probable cause, a warrant, or are conducting a search incident to arrest, you may not be able to refuse. If you are unsure whether a search is legal, it is best to clearly state your refusal and contact an attorney as soon as possible.

What to Do If Police Conduct an Illegal Search

• Do not resist. Even if the search is illegal, physically resisting could lead to additional charges.
• State your objection. Politely say, “I do not consent to this search.” This helps preserve your legal rights.
• Document everything. Write down details about the officers involved, the location, and what was searched. If possible, record the interaction.
• Contact an attorney. A criminal defense lawyer can determine if your rights were violated and file a motion to suppress illegally obtained evidence.

What Happens If Police Conduct an Illegal Search?

If law enforcement conducts a search that violates your Fourth Amendment rights, any evidence obtained may be considered inadmissible in court. This can significantly weaken the prosecution’s case, and in some situations, lead to the dismissal of charges. A defense attorney can file a motion to challenge the legality of the search and work to have improperly obtained evidence excluded.

Can Evidence Be Suppressed in Court?

When police obtain evidence through an unlawful search, a defense attorney can file a motion to suppress under Penal Code 1538.5. If the court grants this motion, the evidence cannot be used at trial. In cases where the prosecution relies heavily on illegally obtained evidence, suppression can make it difficult or even impossible for them to proceed, potentially leading to a case dismissal.

The Exclusionary Rule and Your Legal Rights

The exclusionary rule is a legal principle that prevents illegally obtained evidence from being used in court. This rule is designed to deter police misconduct and protect constitutional rights. If law enforcement conducts an unlawful search, any evidence they seize—such as drugs, weapons, or incriminating documents—may be excluded under this rule.

Additionally, the fruit of the poisonous tree doctrine extends these protections further. This means that any evidence discovered as a result of the illegal search, even if obtained separately, may also be inadmissible.

Legal Defenses Against Unlawful Search and Seizure

Motion to Suppress Evidence

Under Penal Code 1538.5, a defense attorney can file a motion to suppress evidence that was obtained through an illegal search. If the judge grants this motion, the prosecution cannot use that evidence in court. This is especially important in cases where the prosecution’s argument relies heavily on seized items, such as drugs, weapons, or electronic data.

If critical evidence is thrown out, the prosecution may be forced to reduce or dismiss the charges due to a lack of proof. Filing a motion to suppress is often a key step in fighting criminal charges that stem from an unlawful search.

Proving Lack of Probable Cause or Consent

If police conducted a search without a warrant or a valid legal exception, the defense can argue that there was no probable cause to justify their actions. Without probable cause, any search is unconstitutional, and the evidence may be excluded.

Additionally, if officers claim that the defendant consented to a search, a defense attorney can challenge whether that consent was truly voluntary. If law enforcement coerced, misled, or intimidated someone into allowing a search, the consent may not be legally valid, and the search may be ruled unlawful.

Challenging an illegal search is often one of the most effective ways to fight criminal charges. If law enforcement violated search and seizure laws in your case, a defense attorney can take the necessary legal steps to suppress evidence and protect your rights.

Why Hire a Criminal Defense Attorney for Search and Seizure Cases?

An attorney can review the details of your case, identify any violations of your Fourth Amendment rights, and take legal action to challenge illegally obtained evidence. If law enforcement violated search and seizure laws, a lawyer can file motions to suppress evidence, which may lead to reduced charges or case dismissal.

How a Lawyer Can Get Illegally Obtained Evidence Thrown Out

A defense attorney can file a motion to suppress evidence under Penal Code 1538.5 if law enforcement conducted an illegal search. If the court determines that police lacked probable cause, conducted a warrantless search without a valid exception, or coerced consent, the evidence may be ruled inadmissible in court. This can significantly weaken the prosecution’s case and, in some instances, force them to drop the charges entirely.

Defending Against Charges Based on Unlawful Searches

When criminal charges are based on evidence obtained through an unlawful search, a defense attorney can challenge the legality of the search itself. If police exceeded the scope of a warrant, prolonged a traffic stop without justification, or searched a person’s property without consent or probable cause, the defense can argue that the search was unconstitutional. In many cases, proving a Fourth Amendment violation can result in key evidence being excluded, making it difficult for the prosecution to proceed with the case.