December 7, 2009 By Wallin & Klarich

In the context of an officer’s warrantless entry into your residence, the most important issue is objective reasonableness. Whether, under the circumstances of your case, the officer’s warrantless entry into your residence was objectively reasonable. If so, the “exigent circumstances” expection to the general warrant requirement may apply to justify the entry.

A common issue in domestic violence cases is whether the officer responding to the scene should have secured a warrant before entering the residence. The police and prosecution will argue that any delay to obtain a warrant would have posed a safety risk to the alleged victim. On the other hand, defense counsel may have facts which go to show that abandoning the scene to obtain a warrant was unlikely to expose the alleged victim to further harm.

A knowledgable criminal defense attorney can advise you as to the relevant case law and current state of the law. If you or someone you love is facing criminal charges in California, contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or for a consultation of your case. We can help you.

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