If you are a suspect in a criminal matter, law enforcement will leave no stone unturned in pursuit of evidence they can use against you. Part of this may involve coming to your home in search of evidence.
The 4th Amendment of the U.S. Constitution protects you from unreasonable search and seizure by law enforcement. Unless they have a warrant or there are exigent circumstances that indicate a crime may be in progress, the police can’t enter a home without a resident’s consent.
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Can your roommate consent to a search?
It’s important to note that the police do not need every resident’s consent to enter a dwelling place. The consent of anybody who lives there may be enough.
Per a U.S. Supreme Court ruling, if one or more occupants of a dwelling who are physically present object to a search, the police may not go ahead and enter the property even if one occupant consents to the search. In this case, the police must obtain the warrant before coming back to conduct the search.
However, if only one resident is present at the time the police come knocking, they can consent to the search. In that situation, the police can only search the property’s common areas as well as the consenting occupant’s personal space. The police cannot search the personal spaces of the other occupants who are not present in the home. In other words, unless they have a warrant, they cannot search the other residents’ private areas.
Illegally seized evidence may be excluded
California law enforcement does not always act appropriately when gathering evidence. The question is whether evidence that is improperly gathered can be introduced into court. This questioned is governed by a legal theory called the “Fruit of the Poisonous Tree” doctrine.
The general rule is that improperly obtained evidence cannot be used in a criminal court proceeding against a defendant. This comes from the Fourth Amendment to the United States Constitution, which protects against illegal search and seizure. When law enforcement violates this with an illegal search, the benefits that they reap from it cannot be used against a defendant.
However, the application of this doctrine is not always straightforward and apparent. Prosecutors may try to argue why any one of a number of different exceptions applies that would allow the evidence to still be introduced if there was an illegal search. One exception is when the police illegally seize evidence that would have inevitably been discovered by other means at another time. This can occur when evidence is in plain sight. Another exception is when the link between the illegal search and the seized evidence is attenuated. Finally, there is an independent evidence exception when law enforcement first finds something illegally but then later finds it legally. Each one of these exceptions requires an analysis of the facts and circumstances performed by the judge.
When a person has been charged with a crime, they may need a criminal defense attorney to ensure that their legal rights are protected. An attorney might file a motion in court to exclude any evidence that was illegally obtained and may then argue the motion at a hearing in front of the judge.
Protecting your 4th Amendment rights
If you are facing a criminal charge, it is in your best interest that you understand your legal options so you can effectively defend yourself and safeguard your rights and interests.