Legal Question in Criminal Law in California

Re: Arrest Warrant Cause For Search?

Thank you for your inquiry.

If an individual voluntarily consents (agrees to) a search, no warrant is needed. The key question in this kind of search is what counts as a voluntary agreement? In order for a consent search to be legal, the individual must be in control of the area to be searched and cannot have been pressured or tricked into agreeing to the search.

A police officer that spots something in plain view during an arrest, does not need a search warrant to seize the object. In order for a plain view search to be legal, the officer must be in a place he has the right to be in and the object he seizes must be plainly visible in this location.

If a suspect has been legally arrested, the police may search the defendant and the area within the defendant's immediate control. In a search incident to arrest no warrant is necessary as long as a spatial relationship exists between the defendant and the object.

Following an arrest, the police may make a protective sweep search if they reasonably believe that a dangerous accomplice may be hiding in an area near where the defendant was arrested. To do so, police are allowed to walk through a residence and complete a "cursory visual inspection" without a warrant. If evidence of or related to a criminal activity is in plain view during the search, the evidence may be legally seized.

You may have grounds, as Mr. Troy suggested, to bring a PC �1538.5 motion, to suppress evidence, if the arrest warrant was thrown out as being insufficient, as you've suggested.

I hope that this information helps, but if you have other questions, need further information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

Re: Arrest Warrant Cause For Search?

GIVE US A CALL TO DISCUSS. Larry Wolf

310 277 1707

Re: Arrest Warrant Cause For Search?

Your friend needs to consult with an attorney and discuss the facts with that attorney. A copy of the police report, including the arrest warrant, and an inventory of items taken by the police.

Re: Arrest Warrant Cause For Search?

An arrest warrant does not authorize a search beyond the body of the person arrested and the area within reasonable reach of the person arrested. Reasonable reach is usually defined as the distance someone could lunge for a weapon. Thus, the legitimacy of the search depends upon the exact location in the room at which the arrest was made. If it is shown that the search of the room, any part thereof, or of the car was without justification, any items found in the place illegally searched would be subject to suppression in a Penal Code 1538.5 motion.