We Help Good People Regain Control of Their Future
When Charged With a Crime ®
July 2021 eNewsletter Issue no. 59
When Police Can Enter Your Home
There is a lot of misinformation about when the police can search your home. In this video, Partner Stefano Molea explains the specific instances under which a search is legally permissible.

The starting point is the Fourth Amendment to the U.S. Constitution, which protects all of us from unreasonable searches and seizures. Stefano goes on to point out the three instances in which a search is permissible, and therefore not unreasonable within the meaning of the Constitution. A search may be conducted when any of the following exist:

  1. Search Warrant. If the police have a valid search warrant, they can come into your house and search the particular places mentioned in the warrant. They are supposed to provide you with a copy of the warrant, as well as an inventory of anything that was removed as the result of the search.
  2. Consent. Once you or someone with the authority to do so lets them in, anything in “plain sight” (for example, a scale or baggies, in the case of alleged illegal drugs) can be used to obtain a warrant to search for additional evidence of criminal activity.
  3. Exigent Circumstances. Examples would be if the police are called to your home and when they approach the house they hear screaming or see something that indicates a possible medical emergency. They may then enter your home. If, while they are lawfully in your home, they see evidence that indicates the possible commission of a crime, that evidence can be used against you, or used to obtain a search warrant.

Want to see more videos like the two featured in this month’s Enewsletter? Check out and follow the Firm’s YouTube page here.
Trevor Bauer Rape Case:
Media Calls on David P. Shapiro
Los Angeles Dodgers pitcher Trevor Bauer's life has really been turned around this summer, and not in a good way. Last year’s Cy Young Award winner is now the subject of a Domestic Violence Temporary Restraining Order (DVTRO) involving some very serious allegations. Bauer’s accuser claims he assaulted her, both sexually and by striking and choking her, causing significant injuries. To reach an understanding of the status and legal ramifications of the case, San Diego radio hosts Ben & Woods (The FAN Radio – 97.3 FM) turned to our Managing Partner David P. Shapiro on July 8 for his thoughts on Bauer’s legal troubles. David’s appearance and insight appear on the show’s podcast, entitled "Attorney David Shapiro On Trevor Bauer's Legal Issues."

The interview with David covered a number of items, including the consequences of a DVTRO and the pending criminal investigation. As explained in the radio interview, and further commented on in the video above, the restraining order is a civil, not a criminal case. As such, the ramifications, if the order (now temporary) remains in effect, is that Bauer will be prohibited from having contact with the woman in question and cannot lawfully possess a firearm. On the criminal side, the matter is still under investigation, but could lead to some serious charges, including rape of an intoxicated or incapacitated person, domestic battery, and assault by means of force likely to produce great bodily injury. One of the more unusual aspects of the case, David points out, is that, according to the woman, the offenses took place on two occasions, both of which began as consensual sexual encounters, but are then alleged to have passed the point of consent.

David notes that no criminal charges have been filed to date, and a hearing on whether the DVTRO will be extended is scheduled for August 2. At that hearing, the standard of proof will be significantly lower than the standard that will apply should Bauer be charged with any crimes. David also discusses the potential impact on Bauer’s contract with the Dodgers, which currently provides Bauer with an average annual salary of $34,000,000.
3500 Fifth Ave., Suite 304
San Diego, CA 92103
Phone: 619-295-3555
Contact Us 24/7
This newsletter is for meant for informational and marketing purposes only, and should not be relied on as legal advice. Viewing and/or use of the newsletter, including sending email or submission of forms, does not create or constitute an attorney-client relationship. Any endorsement, testimonial or other statement contained in or referred to in this newsletter is not a guarantee, a warranty or a prediction of a particular result in your case. Our attorneys are active members of the State Bar of California and are admitted to practice law in any and all California state courts and in the Southern District of California federal courts.