Columbia, KY asked in Criminal Law for California

Q: Does a warrantless search of a person's house violate the 4th amendment when the person was lawfully arrested with a war

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1 Lawyer Answer
Diane C. Bass
Diane C. Bass
Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: A search warrant and an arrest warrant are two completely different things. Unless there was an exception to the search warrant requirement such as consent to search, items in plain view or exigent circumstances a search warrant is required. If you believe that your 4th amendment rights have been violated you need an experienced criminal defense attorney to review your case and file the appropriate motion to supress any evidence found during that search.

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