Can a search warrant be used to search a person's home without a warrant?

California, United States of America


The following excerpt is from The People v. Stallworth, H033975, No. CC816248 (Cal. App. 2010):

The Fourth Amendment, however, is not absolute; it prohibits unreasonable police action, not all police intrusions that infringe on the sanctity of one's abode." '[T]he ultimate touchstone of the Fourth Amendment, '... 'is "reasonableness." ' [Citation.] Therefore, although 'searches and seizures inside a home without a warrant are presumptively unreasonable, ' [citation] that presumption can be overcome. For example, 'the exigencies of the situation [may] make the needs of law enforcement so compelling that the warrantless search is objectively reasonable.' " (Michigan v. Fisher (2009) 558 U.S. _, _ [130 S.Ct. 546, 548] (per curiam).)

One such exigency is " 'the need to assist persons who are seriously injured or threatened with such injury.' [Citation.] Thus, law enforcement officers 'may enter a home without a warrant to render emergency assistance to an injured occupant or to protect an occupant from imminent injury.' [Citation.] This 'emergency aid exception' does not depend on the officers' subjective intent or the seriousness of any crime they are investigating when the emergency arises. [Citation.] It requires only 'an objectively reasonable basis for believing, ' [citation] that 'a person within [the house] is in need of immediate aid.' " (Michigan v. Fisher, supra, 558 U.S. at p._[130 S.Ct. at p. 548].)

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