The simple answer to this question is not to let them, but the police can be persistent.  However, it's crucial to know your rights. If they arrive with a valid search warrant, you should step aside and allow them to search. Remember, you are not obligated to provide any statements while they search.  Keep silent, request your attorney, and refrain from answering any questions. This knowledge empowers you and puts you in control of the situation.

They do try to get tricky sometimes.  In other words, sometimes, they do not have a valid search warrant.  So, if they don't have a valid search warrant and ask to search your home, you certainly have the right to tell them, ' No, I'm not going to permit you to search my home. '

You're going to need to come back with a warrant.  There's nothing wrong with that.  One big way to avoid having to obtain a search warrant for a home or a vehicle, or to be searched, is by giving your consent.  Consent is the police's best friend.  Anybody who agrees to let them search for anything will be out of luck.

It's baffling why some people, knowing they have something they shouldn't have in their car, would tell the police it's okay to search their vehicle. Remember, you have the right to remain silent.  You don't have to cooperate with the police.

But if they have a search warrant for your home, you might as well cooperate with the police because it makes it look like you have something to hide or that you have guilty knowledge that something is in your house if you start arguing with them and they're going to get to search the house anyway.  If they have a valid search warrant, they can enter, and you won't be able to stop them. Our Los Angeles criminal defense lawyers will review further below.

Don't Consent to a Search of Your Home.

Even if the search warrant is invalid, in other words, it was obtained illegally, they'll still be able to enter and search the house. Your attorney will be able to challenge the search later.

Remember, never consent to a search of your home, car, belongings, or person, and never sign anything stating that it's okay for them to search your home or any other location. Your home is your castle, and by not consenting, you can protect your rights and maintain your privacy.

You have a Fourth Amendment right against unreasonable searches and seizures based on things in your home, so make sure that you only cooperate with the police when searching your home if they've got a valid warrant. You can request to see the warrant and verify its validity.

Make sure that the police are executing the warrant. The bottom line is that you will be in a good position to argue against them searching your home if they don't have a valid search warrant.

Police Must Have Probable Cause to Obtain a Warrant

To obtain a valid search warrant to search a home anywhere in the San Fernando Valley, the police must obtain a judge's signature.  They also need probable cause to believe that something criminal is occurring in the house.

In other words, just because they don't like the person or think the person is up to no good, that's not enough to get a search warrant.  They've to show something that makes it likely they will find something illegal in the home.

So, often, they need to conduct surveillance to obtain that.  They're going to need to watch the home.  They're going to need to get testimony or evidence from people who have been inside the house to see that there is illegal paraphernalia in there, or they're going to need some other information or evidence to corroborate that inside that home they're going to be able to find some sort of evidence of a crime.

Additionally, you face the issue of staleness, which means that you can't obtain a search warrant for a home on October 1st and then wait until January 1st of the following year to search it.  That warrant is going to be stale.  There is no evidence that the paraphernalia will still be there.  You have to execute the warrant within a reasonable amount of time.

Additionally, if they wish to serve the search warrant at night, in the early hours of the morning, by kicking the door open, which they often do, they'll need to obtain special permission from the Judge to do so. If they don't get that special permission, there may be an issue with the service of that search warrant.

Good Faith Exception

There are various rules.  Believe it or not, most regulations are slanted in favor of the police when searching people's homes.  Here's what's called a good-faith exception.

In other words, even if the warrant is invalid and the magistrate or judge should never have issued the subpoena in the first place, if the police act in good faith and believe that the warrant was valid, they may be able to circumvent any unreasonable activity.

Suppose they lie, say something illegal, or give wrong information about a warrant. In that case, it may be a way to circumvent the warrant, which involves examining the warrant and demonstrating that the police are not legitimate and have not provided accurate information.

If you have any questions about search warrants in the San Fernando Valley involving courts in Van Nuys, Chatsworth, San Fernando, Glendale, Burbank, or any other court in the San Fernando Valley, please call us.  Call me.  I've been doing this for twenty-five years.  I am familiar with all aspects of search warrants.