Whenever there is a report of an arrest after police execute a search warrant for drug contraband at someone's home, the defendant's counsel will engage in a thorough investigation of the facts surrounding the issuing of the warrant. Where the search resulted in California drug charges against the individual being searched, counsel will also be particularly interested in how the search was conducted. It is improper for a search to go beyond the particular boundaries set forth on the face of the warrant.
If it goes beyond those limits, there may be a successful challenge to the manner in which it was carried out. Under both the California and the federal Constitutions, the right of privacy under the Fourth Amendment is a sacred right that is given great attention and protection from obtrusive police interventions into one's home. The main way to challenge the search and seizure is to file a motion to suppress the evidence as early in the criminal prosecution as possible.
A hearing is scheduled on the motion, and the authorities will have the burden of showing that they had probable cause in the first place and that they acted within the bounds of the warrant. In an arrest recently, the San Mateo police nabbed a 21-year-old male after executing a search warrant for drugs against him. Police say that there was an extensive investigation culminating in the search warrant for suspected drug trafficking.
They report seizing more than half a pound of methamphetamine. Police claim that this defendant has gang affiliations and alleged access to guns. They say that they accordingly requested a SWAT team to participate in the raid. The suspect was arrested on various felony California drug charges, but the specific charges were not immediately available.
Source: San Mateo, CA Patch, "Police Arrest Man Suspected of Drug Trafficking", Alexander Nguyen, May 30, 2015