Search Warrants And GPS Tracking Devices In California: Penal Codes 1524 and 1534

By: Wallin & Klarich

In January of 2012 the U.S Supreme court held that the government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constituted a search under the 4th Amendment. This decision meant that law enforcement was required to obtain a search warrant before installing a …

Posted In: Warrants

Gangsta Rap Mogul Suge Knight Arrested on Traffic Warrants

By: Wallin & Klarich

Rap mogul Suge Knight built his reputation on being a thug who happened to work in the rap industry. His label, Death Row Records, signed artists like 2Pac and Snoop Doggie Dog. So when news spread that Knight was facing possible jail time, it really shouldn’t come as much of a surprise. The fact that …

Posted In: Warrants

Denial of Social Security Benefits Due to Arrest Warrant

By: Wallin & Klarich

The Social Security Administration (“SSA”) implemented a policy seeking to prevent people from using government benefits if they are fleeing from arrest. However, rather than trying to seek out individuals who were actually fleeing from prosecution, SSA used a computer matching system that matched names in warrant databases to those at SSA. Unfortunately, many of …

Posted In: Warrants

Good Faith Exception to the Exclusionary Rule Does Not Apply Where the Search Warrant is 84 Days Old – Penal Code Section 1538.5

By: Wallin & Klarich

A recent California Court of Appeals decision in People v. Hirata held that a search warrant is invalid after the passing of a substantial period of time. In this case, the period of time was 84 days. The defendant (Hirata) was charged with possessing drugs and being part of a drug conspiracy ring. Investigators had …

Posted In: Criminal Appeals

Police Entry into Residence Without a Warrant – What is the “Emergency Exception” to the Warrant Requirement? (Part 2)

By: Wallin & Klarich

In general, police must have a warrant before entering a residence. Of course, certain exceptions apply to the general rule which requires a warrant before entry. One such exception is known as the, “emergency exception.” The emergency exception is often used by police and prosecutors to justify a warrantless entry. Hiring a Riverside criminal defense …

Posted In: Criminal Defense

You Have Legal Rights When You Share a Residence and Refuse Police Officers Request to Search Your Home or Apartment (Part 1)

By: Wallin & Klarich

Several recent Court rulings have addressed the issue of consent entry into one’s residence. The issue of lawful consent becomes more complex when dealing with a residence shared by two occupants. In Georgia v. Randolph (2006) 164 L Ed.2d 208, the court held that if two occupants are at the door and one says officers …

Posted In: Criminal Defense

Domestic Violence – Officer’s Entry Into Suspect’s Home Found To Be Lawful Based Upon Express or Implied Consent (Part 3)

By: Wallin & Klarich

Two leading domestic violence cases, People v. Frye (1998) 18 Cal.App.4th 894 and People v. Wilkins (1993) 14 Cal.App.4th 761, have held that law enforcement entries into a suspect’s home were lawful as consent entries. The court in People v. Frye stated as follows; it may be inferred from the fact the victim and defendant …

Posted In: Criminal Defense