Legal Question in Construction Law in California

Re: Can police enter & search your home without consent or a warrant ??

Another commonly-employed reason or excuse for a warrantless search is "exigent circumstances." This means that if a cop passing by hears screams and then gunshots, he can barge in and see what's going on.....this example is obviously reasonable, but the doctrine of exigent circumstances is always being expanded and tested by aggressive police departments.

Re: Can police enter & search your home without consent or a warrant ??

The 4th Amendment gives you the right to be free from unreasonable searches. A search of your home without a warrant is inherently unreasonable. However, as always, there are exceptions.

Things like hot pursuit and the chance of evidence "disappearing" (for lack of a better word) can make a warrantless search of your home constitutional.

Police officers typically ask an occupant for permission to look around. The vast majority of people allow the officers to do so. Once you consent, all bets are off.

The best advice is to politely tell the officers that you'd prefer that they not enter your house, search your trunk, etc.

While we're on the subject of foolish conduct, if arrested BE SURE TO EXERCISE YOUR RIGHT TO REMAIN SILENT! Spread the word. Go tell it on the mountain.