Under California law, law enforcement officers must have a valid warrant before arresting a suspect. If the police arrest you without a lawful warrant, you can file a motion to drop the charges against you. Contact an experienced attorney if you suspect the police arrested you without a lawful warrant. An attorney will examine your case and recommend the best course of action.

Types Of Warrants

Warrants are vital in any criminal justice system because they protect people from unlawful and invasive police actions. The common types of warrants include:

Bench Warrants

The judge could issue a bench warrant against you if you fail to adhere to a court order or command. You could face this type of warrant if the judge feels that you have deliberately avoided your duty to attend the court hearing. The judge could also issue a bench warrant against you if you are held in contempt of court or fail to pay a fine. Showing up in court when you have a legal obligation could help you avoid a bench warrant. Avoiding a court hearing could complicate your legal situation.

Arrest Warrants

Arrests without warrants are illegal in California. Most warrantless arrests happen when law enforcement witnesses an offense. They could also occur if law enforcement has probable cause to believe you have committed an offense. The police can request an arrest warrant if they are unsure that probable cause exists or if sufficient time has elapsed since an offense has been committed.

The law enforcement can pursue an arrest warrant by filing a formal petition with a local court. However, they must support their petition with a written declaration of probable cause. They must also support the request for a warrant with an oral statement. The judge will assess the petition and ascertain if probable cause exists. The court will issue an arrest warrant against you if sufficient proof shows that you have committed an offense.

The law demands that an arrest warrant be particular. Problems or mistakes with the arrest warrant can invalidate any arrest in the future. An arrest warrant must have the following components:

  • Your name

  • The offense you have committed

  • Information about probable cause used to secure the warrant

  • The place and time the warrant was issued

  • The signature of the magistrate or judge issuing the warrant

Specific rules and guidelines govern arrest warrants. You could face an arrest warrant depending on misdemeanor or felony charges. If you face charges for a misdemeanor, the police cannot come into your house with an arrest warrant whenever they want. The police must serve an arrest warrant for a misdemeanor between 6 AM and 10 PM. On the other hand, arrest warrants for a felony can be issued at any time of the day because it is the most serious offense.

Search Warrants

The Fourth Amendment protects people from illegal police searches. The law enforcement often does not require a warrant to conduct a legal search. However, unwarranted searches are always deemed unreasonable. You could file a motion to suppress the evidence found during an unjustified search. Securing a search warrant legitimizes law enforcement actions and protects the evidence gathered.

The court will only issue a search warrant if probable cause shows criminal activity. The law enforcement must file a formal petition with a local court to secure a search warrant. A written declaration of probable cause must be part of the petition. The law enforcement must give the reasons why they want the warrant. They should also explain why they believe proof exists in a particular area.

The judge will assess the petition and determine whether probable cause exists. If he/she is not certain that a search could be reasonable, he/she will reject the application. If there is probable cause, the judge will issue a search warrant.

However, a search warrant does not allow law enforcement to conduct an exhaustive search of you or your property. Law enforcement must confine themselves to the narrow scope of the warrant itself. A warrant can only be admissible under the law if it is particular. In this case, the warrant must be drawn narrowly to restrict a search to specific individuals, things, and places. The police are not allowed to act beyond the parameters of the warrant. The information, items, or evidence gathered outside the parameters of the warrant could be subject to suppression.

The Process Of Securing A Warrant

The police can secure a search warrant through the following steps:

Warrant Application

Law enforcement can secure a search warrant by submitting an affidavit or a written application under oath to a magistrate or judge mandated to issue warrants. An officer who applies for a warrant by affidavit is known as an affiant. On the other hand, an officer who applies for a warrant by application is the applicant.

The officer's affidavit or application must be signed under oath and should have details and facts known to the officer. The details and facts must establish probable cause to believe that the evidence of the offense is reasonably expected to be in the area of the search.

The warrant application does not need to have all the details known to law enforcement. In this case, the legal standard that must be met is the facts to establish probable cause. A search warrant will only be authorized if this requirement is met. The applications must give the details of the search areas and the types of evidence sought after. Often, warrant applications are in writing. However, they could also be made by law enforcement orally, on the phone, or in person with the judge under exigent circumstances.

Securing A Warrant

The law enforcement must secure a signed warrant from a magistrate or judge legally mandated to approve and issue warrants. The judicial officer should issue a warrant only if he/she is certain there is probable cause to believe evidence of the offense will be in the area or thing to be searched. The warrant must give the information, particularly of the location or persons to be searched and the property to be searched.

The warrant must also have a designated time when the police must conduct the search. Most search warrants have a statute of limitations. If a warrant expires before the police execute it, they could be forced to apply for a new one. Law enforcement should execute a warrant during the day unless the judge or magistrate orders the police to execute it at night.

Traditionally, warrants require law enforcement to knock and introduce themselves before entering a place or home to be searched. However, some warrants sometimes allow the police to enter a home or place without knocking or identifying themselves. They could do this with a prior order from the judge or magistrate.

Execution Of The Warrant

At this stage, law enforcement will visit you or the area to be searched. They will carry out the search for the property to be seized, subject to the restrictions of the warrant. The restrictions could be on:

  • Whether law enforcement should knock and introduce themselves before entering a home to carry out a search

  • Whether the police should search during the daytime or night

  • The place to be searched

  • The property to be seized

Law enforcement could arrest you if they find you at the time of the search. They can detain you where they found you or take you away from where they arrested you. The police can only search the area designated in the warrant when executing it. They could also search all containers where the seized items could reasonably be found.

Law enforcement must secure a warrant before carrying out a search, but they are not legally obligated to provide you or the house's occupants with a copy of the warrant. Being furnished with a copy of a warrant could be a more professional and preferred act, but it is not legally required.

The Return Of The Warrant

Law enforcement must file a written warrant return with the authorizing court within the designated time after the search. They should do this within a statutorily specified period. A warrant return stipulates the period and date when the warrant was carried out. It also provides the inventory or list of the items seized, which the law enforcement holds as evidence.

Penal Code 1538.5(a)(1)(b) Motion

You have a right under Penal Code 1538.5(a)(1)(b) to seek:

  • The exclusion of any evidence that was gathered through illegal search and seizure

  • The return of any asset that the law enforcement seized unlawfully

According to this law, the court could grant a motion to suppress the evidence gathered illegally if:

  • The police conducted a search without a search warrant, and it was unreasonable

  • Law enforcement searched with a warrant but was unreasonable

The warrant could be deemed unreasonable for the following reasons:

  • If it was insufficient on its face

  • The evidence or asset was not of the type described in the warrant

  • There was no probable cause to issue the warrant

  • The warrant was executed in a manner that violated the law

  • Whether there is any other violation of federal or state standards

The Burden Of Proof For A Motion To Suppress

The burden of proof depends on whether the search or seizure was carried out without a warrant. The burden of proof would be on the prosecutor if the search was carried out without a warrant, where the presumption could be that it was unreasonable. In this case, the prosecutor must provide evidence that the search or arrest was reasonable.

You will bear the burden of proving that the search was conducted with a warrant, where the presumption could be that it was legal. In this case, you must provide evidence that the warrant was unlawful. Whoever bears the burden of proof must prove the case by a preponderance of the evidence. A "preponderance of the evidence" means that it is more likely that the police conducted an unreasonable search or seizure.

Reasonable Expectation Of Privacy

You must provide evidence that you had a "reasonable expectation of privacy" in the place that was searched. This proof is needed before the judge grants a motion to suppress evidence. The court could conclude the following if you did not have a reasonable expectation of privacy:

  • The search or seizure was lawful

  • The evidence should not be suppressed

The following are the places and property in which you do not have a reasonable expectation of privacy:

  • A vehicle in which you are riding but have no ownership of other rights

  • A car that you stole

  • Something thrown away in a wastebasket

Suppression Hearings

You and the prosecutor can argue your positions on the motion during the suppression hearing. This will happen before a judge but not a jury. The suppression hearing can constitute the following:

  • Your testimony about unlawful search and seizure

  • Testimony from any witnesses who can stand with you in your case

  • The testimony from the law enforcement who carried out a search and seizure

  • Prosecutor cross-examining you and your witnesses

  • Your attorney cross-examining the prosecutor's witnesses

  • Oral arguments by your attorney and the prosecutor about why the motion should be granted or rejected.

The California Evidence Code governs PC 1538.5 suppression hearings. The exception is out-of-court testimonies given for truth.

Once the judge has heard all of the evidence, he/she will decide whether to exclude or admit the controversial evidence. Depending on the circumstances, a judge could also grant the suppression motion. In this case, the judge could exclude some but not all of the underlying evidence.

The prosecutor's case against you could fall apart if the motion to suppress evidence is granted. The court could dismiss your case, or the prosecutor could offer a generous plea bargain. Additionally, the prosecutor could do the following if he/she is determined to press forward with the charges:

  • File an appeal against granting the motion

  • Drop your case and file a new complaint

  • Pursue a grand jury indictment

  • Seek to reinstate the initial charges

The evidence will remain admissible if the judge rules against you.

Dismissal Of Your Charges Due To Unlawful Warrant

A search could be deemed unlawful if law enforcement examines your premises, belongings, or person without probable cause or a warrant, and there is no exception to the warrant.

It could also be unreasonable if the police's search was not consistent with the warrant's orders. For example, if the warrant allowed the police to search only your bedroom for weapons, the police should not enter other rooms. However, they could go beyond the warrant's limitations for various reasons, like protecting their safety.

You cannot be subject to unlawful searches by the police under the Fourth Amendment. The police must secure a warrant to search your belongings or person because they believe they will find proof of an offense. However, with some exceptions, it could be considered a violation of your constitutional rights if the police conduct a search without a warrant. If this occurs, you and your criminal defense attorney can present a motion to have certain pieces of evidence removed from your case.

A violation of your Fourth Amendment rights could positively influence your case. You and your attorney can submit a motion to suppress evidence if an unlawful search happens. Evidence gathered could be deemed inadmissible if the court grants this request. If it is excluded, the prosecutor cannot table their evidence before the judge or jury.

The prosecutor could try to prove that you are guilty beyond a reasonable doubt. He/she could do this by providing various types of evidence to support their claims. The case against you could be weakened if the judge establishes that the police secured something unlawfully and the prosecutor cannot use it. The prosecutor can find it hard to erase doubt from the mind of the judge or jury.

The prosecutor's claims could lack strength if certain pieces of evidence are missing. The judge can decide that the prosecutor does not have enough to meet the burden of proof. At this point, the judge could dismiss your case.

Find An Experienced Criminal Attorney Near Me

Do you suspect that the police have violated your rights by arresting you with an unlawful warrant or going beyond the scope of the warrant? In that case, you should contact an attorney immediately. You can file a motion with the help of your attorney to have the evidence gathered through the unlawful warrant excluded from your case. Exclusion of evidence can weaken the prosecutor's case against you, sometimes leading to the dismissal of the charges against you. Contact the Los Angeles Criminal Lawyer if you need a reliable attorney to help you file a motion to exclude illegally acquired evidence. Our attorneys will evaluate the charges against you, consider if your arrest was lawful, and defend your rights throughout the process. Call us at 310-502-1314 to speak to one of our attorneys.