Tag Archives: search

Can a guest allow the police to search your house?

I had the question asked: can a guest who is staying in your house allow the police to search? What about if they were to call the police and invite them to search? Would that evidence still be admissible against the homeowner?  Apparent authority is the key This is more than just a yes or […]

Privacy, cell phones and police searches – lock up your phones!

The United States Constitution protects you from unreasonable searches and seizures.  Under the Fourth Amendment, the police must either have a search warrant or some recognized exception to be able to legally search (and therefore gather evidence to be used against you). One of the exceptions is a search “incident to an arrest.”  Since 1973, […]

Pat down searches – Orange County Criminal Defense

When can the police pat you down?  How far can they go? A patdown search, sometimes called Terry search or a frisk is only authorized in certain circumstances.  If you want to see a perfect example of when it’s not supposed to happen, look at an old rerun of the TV show COPS.   Seems like […]

Hands-free cell phone law – Can they prove it? (Orange County criminal defense)

I know – I’m a little behind the times – the new “hands free” cell phone law has been in effect since July of 2008.  I was wondering if they were going to make changes to the law to overcome what I see are some basic glitches.  What glitches? Vehicle Code section 23123 makes it […]

How is evidence suppressed in court?

In order for evidence to be admissible against you in court, it must be relevant and competent.  Relevant means it must have something to do with the case.  It must tend to prove or disprove any fact at issue.  For example, drugs found in a search in a drug case would obviously be relevant.  Competent […]