Legal Question in Criminal Law in California

When is a search warrant needed?

My friend is in jail because the police said they found his girlfriends cell phone at a burglary scene. The police then assumed he was still on parole and even though he was guilty of the crime, they just came in without search warrant and took all of the evidence, promising they would even give him a list of things they took. It never happened. I am wondering, the Public Defender is trying to get the case dropped, as he wasnt on parole, for violation of the 4th ammendment. What is the liklihood of this happening? This is California.


Asked on 7/12/09, 9:23 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: When is a search warrant needed?

That will depend upon why the police believed he was still on parole. There is a good-faith exception to the warrant requirement. Parole searches generally do not require a warrant. If the police reasonably and in good faith believe that your friend was still on parole, the evidence will probably get in.

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Answered on 7/12/09, 9:31 pm
David M. Wallin Law Offices OF David M. Wallin

Re: When is a search warrant needed?

In California a warrant is needed to enter someone's home unless there are exigent circumstances. If the police entered on the mistaken belief that someone at that address was on active probation, but it turns out they're wrong, they will rely on the "good faith " exception. A judge will make the call depending on the arguements of both sides. David Wallin

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Answered on 7/12/09, 9:38 pm


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