Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

3 Potential Situations in Which the Police Don’t Need a Valid Warrant to Search Your Property

If you’re arrested for a crime, your criminal defense attorney will take several steps to have the charges dropped. One of the methods they’ll use will be to assure that all evidence gathered against you was obtained legally. In most cases, a police officer needs a warrant to search your property. However, there are many exceptions. Read on to learn about them and if you have questions, contact Law Office of Michael L. Fell at (949) 585-9055.

  1. Consent is given
  2. If the police go to search a home and someone who lives in that home gives them consent to come into the home, then the police are legally allowed to enter the property. This doesn’t mean that you have to give permission specifically, but rather a roommate or anyone else who has authority over the property can give consent in your absence. However, if you and another person are present, and they consent but you don’t, the police cannot legally enter the home.

  3. There’s an emergency
  4. If the police have a valid reason to believe that they must get into the property to offer emergency help to someone who’s inside the home, or to protect someone who’s inside the home from any type of imminent danger, then they don’t need a warrant.

  5. Exigency
  6. If the police have probable cause that there was a crime that was or is being committed at a property, and they have probably cause that they must enter the property either to prevent evidence from being destructed, to catch an escaped suspect, or to prevent some other type of consequence that’s illegally frustrating law enforcement, then the police aren’t required to have a warrant to enter a person’s property.

Any other situation likely requires a search warrant

While these aren’t the only three exceptions, these are the main ones. If your home, car, work, or other property was searched without your permission and without a warrant then the information the police obtained is likely not admissible in court. However, it’s not enough to simply walk into the police and tell them this. You need a criminal defense attorney who’s experienced in challenging warrants. You’ve found that attorney in Law Office of Michael L. Fell.

Even a legal but questionable warrant may result in a better outcome for you

In some cases, it may be that a warrant was legal, or that the police had an exception that may be valid, but they won’t want to risk having it questioned. In this case, you could end up with a lesser charge. For example, let’s say you’re charged with a drug crime such as drug manufacturing. If the police’s warrant or probable cause is questionable, then a reduction in charges may be possible.

If you’ve been arrested for a crime, or accused by the police, then it’s time to talk to an experienced attorney. At Law Office of Michael L. Fell we want you to get started right away, which is why we offer a free legal consultation. Just call us at (949) 585-9055 to get started.