Practice Areas

• Accessory After the Fact
• Arson
• Assault & Battery
• Battery on a Peace Officer
• Assault with a Firearm
• Battery
• Assault with a Deadly Weapon
• Bail Review & Reduction
• Carrying a Concealed Weapon
• Child Endangerment
• Conspiracy
• Criminal Threats
• Domestic Violence
• Driving with A Suspended License
• Drug Possession
• Marijuana Possession for Sales
• Drug Possession for Personal Use
• Drug Possession for Sale
• DUI Defense
• I've been arrested for DUI. What happens to my Driver's License?
• DUI Under 21
• The 'Rising Blood Alcohol' Defense
• Attacking the Breath Test
• The "No Driving" Defense
• I've been arrested & cited for DUI? What happens next?
• Attacking the Blood Test
• Elder Abuse
• Embezzlement
• Expungements
• Hit and Run
• Housing Violations
• Juvenile Defense
• License Defense
• Nursing License Defense
• Murder
• Police Misconduct Litigation
• Pre-Filing Investigations
• Professional & Vocational License Defense
• Prostitution
• Public Intoxication
• Sex Crimes
• Indecent Exposure
• Solicitation of Prostitution
• Rape
• Theft Charges
• Robbery
• Purse Snatching
• Burglary
• Petty Theft
• Embezzlement
• Identity Theft
• Three Strikes Law
• Vacating Convictions
• Deportable Offenses: Vacating Your Guilty Plea to Avoid Deportation
• Vandalism
• Vehicular Manslaughter
• Warrant Recall
• Weapons Charges
• Witness Intimidation

Have You Been Subjected to an Illegal Vehicle Search in California?

According to both the Fourth Amendment to the US Constitution as well as the California Constitution, citizens cannot be subjected to an illegal home search in California. In fact, police can only conduct a search with a legal warrant, if the police have the permission of the party, or if the officer in question has probable cause. Probable cause refers to the belief that a crime is either about to be committed or has already been committed. Further, if the police are in possession of a search warrant, this warrant must list what the police officers are looking for and where these items most likely will be found.

Can You Refuse If a Police Officer Asks Your Permission for a Search?

Since police officers cannot search you, your vehicle, or your dwelling without probable cause, they may ask for your consent to conduct a search. It is important to realize that you have the right to refuse this type of search.

Many times, individuals do not realize that they have the right to refuse such a request. Be aware that if you do agree to such a search, you are giving up your right to privacy. Any evidence that a police officer discovers in this type of search can be directly used against you in court.

What Happens If California Police Officers Conduct an Illegal Search?

If the police officers do perform an illegal search, any evidence that they find cannot be used against you in court. That said, there are many exceptions to this law and each specific circumstance is considered on a case by case basis.

Besides the right to refuse a police officer search, you also have the right to refuse to:

• Be questioned or detained by police
• Make statements or answer questions from police officers
• Open your door to police unless there is a search warrant or an emergency

Have you or someone you know been subjected to an illegal search? Contact McGregor & Ernenwein to schedule your FREE case consultation with one of our experienced Los Angeles police misconduct lawyers.