Does a code enforcement officer need a warrant to jump a locked gate to look for pot plants?

Asked on October 7, 2015 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, he or she would, unless there was some "exigent circumstances," or facts allowing a warrantless search, such as responding to what appeared to be a public safety or medical emergency pursuing a criminal hearing voices talking about destroying the plants to destroy evidence etc. Warrantless searches are generally only allowed  when there is something urgent requiring immediate action.


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