An exigency can justify search and seizure without a warrant. However, an officer cannot create the exigency that justifies a search or seizure.To obtain a search warrant in San Diego an officer must have probable cause to believe that evidence of criminal activity will be found during the search. Searches and seizures inside a home without a warrant are presumptively unreasonable. The Fourth Amendment states that police officers need to have reasonable grounds to search an individual's property, including their car. In San Diego, evidence obtained as a result of an illegal search may be excluded at trial, meaning it cannot be used against you. The Fourth Amendment's rule against unreasonable search and seizures means that police may not search you or your property unless one of the following is true:. The amendment to subdivision (c) is intended to make clear that a search warrant may properly be based upon a finding of probable cause based upon hearsay. The state should not be allowed to benefit from a violation of your Fourth Amendment rights. If the event is a consensual encounter, no suspicion of criminal activity is needed.