Legal Question in Criminal Law in California

Entering without a search warrant

When, if ever, (without receiving permission) can the authorities enter a home or business without a search warrant?


Asked on 10/05/05, 2:19 pm

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Entering without a search warrant

The ''authorities'' can to whatever they want. That's what they do. This includes entering a home or business with or without an invitation. Whether any evidence they find without a search warrant is admissible agaisnt you is another argument that a lawyer should make for you in court. Good Luck.

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Answered on 10/05/05, 3:13 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Entering without a search warrant

I'm just as cynical as attorney Iadevaia -- they will do what they want, and also shoot your dog. The theoretically legal reasons for a warrantless search include "exigent circumstances" -- i.e. the cops claim they smelled gas or smoke from a fire, or heard someone inside screaming for help. Warrantless searches can also be made where a business is engaged in a "highly regulated activity" such as auto salvage or firearms sales.

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Answered on 10/05/05, 3:42 pm


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