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Seizures from the inside of a house are pretty difficult to accomplish. But two common methods are exigency and consent by a person qualified to give it. I'm hard pressed to think of a fact setting where DOJ agents would find exigency. Consent given by another household member is a lot more likely.
But my comment about there being "great may circumstances" was made more broadly that just about houses. While it's very difficult for a LEO to make a warrantless search of a residence. It's very easy for the LEO to make a warrantless search of a vehicle or person.
Here are a couple of the "great many circumstances":
1) Vehicle Impound Searches - You get into a traffic collision and your car gets towed. The officer will search the car before towing. There is no PC needed and the scope to the impound search is not limited. Another way to get an impound search is to get arrested while driving your vehicle - and the car gets impounded.
2) Vehicle Search based on PC that weapons are onboard - If you are in an area where PC25850(b) applies (which includes all public roadways, even if otherwise in a shooting permitted area), and the LEO has PC to believe that weapons are in the vehicle, they may conduct a warrantless search for those weapons. Please refer to People v DeLong.
3) Search of Person based on Reasonable Suspicion - If the LEO has "Reasonable Suspicion" that you are carrying a weapon, they may conduct a limited personal search for that weapons. Reasonable Suspicion is a lower standard of certainty than is Probable Cause.
But my comment about there being "great may circumstances" was made more broadly that just about houses. While it's very difficult for a LEO to make a warrantless search of a residence. It's very easy for the LEO to make a warrantless search of a vehicle or person.
Here are a couple of the "great many circumstances":
1) Vehicle Impound Searches - You get into a traffic collision and your car gets towed. The officer will search the car before towing. There is no PC needed and the scope to the impound search is not limited. Another way to get an impound search is to get arrested while driving your vehicle - and the car gets impounded.
2) Vehicle Search based on PC that weapons are onboard - If you are in an area where PC25850(b) applies (which includes all public roadways, even if otherwise in a shooting permitted area), and the LEO has PC to believe that weapons are in the vehicle, they may conduct a warrantless search for those weapons. Please refer to People v DeLong.
3) Search of Person based on Reasonable Suspicion - If the LEO has "Reasonable Suspicion" that you are carrying a weapon, they may conduct a limited personal search for that weapons. Reasonable Suspicion is a lower standard of certainty than is Probable Cause.
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