Legal Question in Criminal Law in California

can sheriff come search my house at 2 am without search warrant? they were looking for a lost gun from a friend of his that was arrested and she said she put it in his car. we cannot find the gun anywhere. he never saw her put it in his car either by the way.


Asked on 12/22/17, 11:17 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

If the occupant fails to refuse entry, and allows them in without demanding a warrant, then they had 'approval' to enter.

Law enforcement needs a warrant to enter and search unless in immediate hot pursuit of a fleeing suspect. If they violate that rule, then a motion to suppress any evidence discovered should be granted.

If anyone was arrested or charged, or if any evidence was found and used against a defendant, feel free to contact me for the legal help you'll need in court.

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Answered on 12/23/17, 1:15 pm
Terry A. Nelson Nelson & Lawless

2nd portion omitted from original answer:

If you are on parole or probation you gave up or lost your 4th Amendment search and seizure rights, meaning you normally can't contest a search of any vehicle or building area you appear to control. However, 2 a.m. could be argued to be unreasonable, even with 4th waiver, depending upon facts and circumstances. If you need counsel for this, contact me.

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Answered on 12/24/17, 1:01 pm


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