"Search and seizure"
Article 4 of the amendment to the US Constitution states that there is a right to be released from unjust "search and confiscation" by law enforcement agencies. This applies to both federal agencies and state agencies.
The amendment rule of Article 4 against unreasonable searches and attachment means that police will not search you or your property unless one of the following applies.
They fall under the investigation, except that they have obtained a valid search warrant from the judge, or except for the warrant requirement that the Federal Court and the California Court approved.
Exception for warrant requirements:
The exceptions to the rule that the police search and seizure require a warrant will vary depending on the type of real estate being searched.
mobile phone
There are special rules when police search "smartphone" and other electronic equipment without warrant.
For example, exceptions applied to cell phone police search are different from those applied to vehicle police search.
However, in general, there are exceptions to warrant seizure and seizure in the following cases.
Search / seizure made with someone's voluntary consent.
Searching / seizure that came under lawful arrest. The police are looking for weapons that may be used for criminal investigations or are looking for evidence of crimes that could otherwise be destroyed.
Survey investigation like international borders;
Vehicle search in case there is a "possible cause" that the police believe the evidence on crime is included in the vehicle (this is called "car exception" of the warrant requirement).
While the law enforcement agency conducts a legal search, it explicitly searches for "rude opinion" items.
Search / seizure in the emergency necessary to prevent physical harm or serious physical damage, identification of suspects who ran away,
While being temporarily dismissed, the criminal suspect (ie, searching for his / her garment) "stopped" (sometimes called "stop of Terry"), a possible weapon Used against officials to look for. And
Search in situations where individuals do not expect reasonable privacy.
What if it is a victim of illegal search or seizure?
If you are the victim of an illegal search or seizure by the police, you and the California criminal attorney can ask the court to exclude this evidence in your case. This is what is known as "exclusion rule".
This is usually done by PC motion with Penal Code 1538.5 and deters the evidence. Evidence is an important kind of California Pretoria Movement.
A California criminal lawyer will make a better understanding of when police can legally search California state cars and trucks,
1. California investigation law and 'reasonable expectation of privacy'
2. California search warrant
3. Exception of warrant requirements for searching and seizures
3.1. Housing / housing search exception
3.2. Vehicle search exceptions
3.3. Mobile phone and computer search exceptions
3.4. "Plain view" exception
4. "Exclusion rules" and illegal searches / seizures
4.1. "Toxic tree nut"
1. California investigation law and 'reasonable expectation of privacy'
California search law and seizure law,
Article 4 of the Constitutional Reform of the United States, Article 1, Paragraph 1 of the California State Constitution,
These constitutional sections prescribe that all citizens have the right to be released from "unjust search and seizure".
Car search
Article 4 of the amendment of the US Constitution will protect you from unfair searches and seizures.
However, as a general matter, you are only protected against unreasonable searches and torts that have 'reasonable' 'privacy expectations'.
Here are examples of places / properties that are expecting legitimate privacy to protect you from searches and attacks.
Your house,
Your mobile phone, computer, and other electronic storage devices,
Tent or waterproof sheet,
Hotel room,
Personal property that the students of public school bring to school.
They have an investigation warrant.
One of the exceptions of the warrant requirement applies.
2. California search warrant
Many searches / seizures in California are constitutional because they are done with valid search warrants.
A search warrant requires a judge's signature.
The search warrant must obtain permission from the state or federal judge. Warrants to the police,
It could be evidence that California's felony was committed.
It may be evidence that a specific person committed a felony.
In order to be effective, the investigation warrant must be based on "possible causes", specifically both
Search target area, and
Property or thing being searched.
The reason the search warrant itself is invalid or defective includes:
The police officer misjudged the judge about the fact of justifying the warrant (police fraud is too general).
Warrants were not concrete enough about the area studied and the type of evidence searched. And / or
The judges who issued the warrant were biased.
3. Exception of warrant requirements for searching and seizures
Search and seizure of places / properties that have legitimate privacy expectations are effective even if done without a warrant. However, as long as it falls under one of the long list of widely accepted "exceptions" of warrant requirements.
The US Supreme Court, with the exception of warrant requirements for investigation and attachment, excludes some exceptions.
3.1. Housing / housing search exception
Police may enter and leave your home, apartment, trailer, etc. without a warrant if one of the following problems is true.
You (or someone with authority over concessions) gave your consent to the search of your house.
There is a danger of imminent danger or serious physical damage to life. Egypt
The search is done in connection with lawful arrest and is done to protect the safety of arrested officials or to protect evidence of arrest crimes that someone may destroy.
3.2. Car search exceptions
Police may search cars without warrants under certain circumstances.
Police search for a warranted car will be made if any of the following applies.
You (or someone with the authority to do so) gave your consent to search for your vehicle.
Police have "possible causes" to believe that evidence of smuggled goods and crime is included in the car.
It is reasonable to believe that the police are legally arresting the crew of the car and that the arrestor is approaching the inside of the car or there is evidence of the crime being arrested by the car.
The police reasonably believe that they are temporarily detained passengers using Terry's stop and are accessible to dangerous weapons stored in cars. Egypt
The car is lawfully bound by a law enforcement agency (it may happen if you drive a vehicle code 14601 with a suspended license). They are doing "inventory search".
When the police catch up with them, they search the car and find the cannabis hidden beneath the seat.
Even if the police did not have a warrant to search for a car, you can use marijuana as evidence against Matilda and Nicole. Actions suspected of following the police at high speed as they approached created a possible cause for the search of cars.
3.3. Mobile phone and computer search exceptions
Indefinite search of computers / electronics is allowed in only a few specific situations.
In the following cases, the police may search for mobile phones, search for computers, hard drives, tablet computers, and other electronic devices without a warrant.
When someone with authority over you / or telephone / computer / electronic device agrees to search / seizure.
In an emergency situation immediately showing the necessity to search for a device to pursue suspects to escape the police and in emergency situations aiding serious injuries or injured people, Egypt
When you are carrying a device across the border (including the airport).
And finally, if the California state police searches for a cell phone without a warrant by 25 June 2014, while you are legally arrested, the plaintiff will probably give that evidence to you You can use.
This means that before that day, in California law, searching for cell phones without a warrant under these circumstances
The number of rapid mobile phone searches that had not been arrested in California before June 2014 was legal.
3.4. "Plain view" exception
The "plain view" exception is another important exception to California search and seizure warrants rules.
Basically, when the police are legally searching for property (except warrant, or warranty exception), search for items in "flat view" while they are searching I clearly claim to be guilty.
4. "Exclusion rules" and illegal searches / seizures
If you are a victim of illegal search or attachment, the police obtained by that search or attachment has the right to have "oppressed" evidence. This means that evidence is not used against you at your criminal jury trial.
You and California criminal lawyers can move to hold down evidence from illegal police search.
This is known as the "exclusion rule" of California law.
Your Criminal Lawyer can challenge evidence from invalid searches / seizure by submitting the Penal Code 1538.5 petition to hold down the evidence before the start of the trial.
If motion is approved and the evidence is the key to prosecution against you, you can reduce or even ignore accusations against you.
4.1. "Toxic tree nut"
"Exclusion rules" applies not only to the evidence found in illegal searches but also to the evidence the police found as indirect results of illegal searches.
This is what is known as the doctrine of "poisonous tree nut".
"Toxic trees" are illegal searches or attachments, and "fruit" is evidence that the police will disappear as an indirect result of illegal search or seizure.
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