Legal Question in Criminal Law in California
Search and Seizure
on a search and seizure issue, is it common on a misdemeanor charge? Realisticly how often to police exercise this right. Do they always have to have probable cause to come and search your house, or can they just come in for the heck of it? Can they also come in at night?
2 Answers from Attorneys
Re: Search and Seizure
Felony arrests must be based on probable cause. While there is no simple test to define probable cause, the police must rely on what they believe to be good information. Misdemeanor arrests can only be made for crimes which occur in the presence of the person making the arrest, or with a warrant. Please call our office at (800) 382-3100 so that we can get some specific information and of course the consultation is free. We look forward to hearing from you.
Re: Search and Seizure
All searches of a home require a search warrant, with some exceptions. Individuals on probation or parole must allow a police officer to search their house as a condition of being parole or probation. There are also some other exceptions, which are related to a search in conjunction with an arrest.
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