In some situations, a search may be found reasonable despite the lack of a warrant. However, to establish the presence of emergency or “exigent” circumstances, there must be a showing of necessity. People v. Sutton (1976) 65 Cal.App.3d 341, 351. Specifically, at the time the warrantless entry is made, there must be an “imminent and substantial threat to life, health, or property.” Id. at 350.
Whether the requisite exigency is present to justify a warrantless entry into a home will depend on the surrounding circumstances. Courts tend to focus on apparent threats to safety and property, and the immanency of those threats. If you feel that your legal rights may have been violated you should immediately consult with a California criminal defense law firm that can help you win your case.
At Wallin & Klarich, we have seen just how stressful legal matters can be for our clients and their loved ones. If you or someone you love is facing criminal allegations in Southern California, you need to call Wallin & Klarich today for an evaluation of your case. Contact Wallin & Klarich today at 1-888-280-6839 or www.wklaw.com.