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The Fourth Amendment protects individuals from unlawful searches and seizures of their property. However, if there is reasonable suspicion to believe that a crime is taking place, a judge may issue a search warrant granting law enforcement the ability to search property and seize evidence without the owner’s consent. If you were arrested based on evidence found during a search you have several legal options. Speak with a Mercer County criminal defense lawyer to learn how you can challenge the validity of a search warrant.
What is a Search Warrant?
A search warrant is a legal document that allows the police or other law enforcement to search a specific location for evidence of a crime or illegal activity. It can only be issued by a judge or magistrate and requires specific requirements to be met before one can be given.
A search warrant essentially allows law enforcement to circumvent an individual’s Fourth Amendment right to avoid search and seizure. Because the right to privacy is protected in the Constitution it is crucial that a warrant meets all criteria for legality. If it does not, the defendant can challenge it and claim it is invalid.
What Makes a Search Warrant Invalid?
A search warrant must meet several requirements to be considered valid.
- Be filed in good faith by a law enforcement officer and submitted with a sworn affidavit
- Be based on reliable information that shows probable cause
- Be issued by a neutral judge or magistrate
- State specific areas to be searched and items that can be seized
If a warrant is issued without meeting these requirements it will generally be considered invalid. Many aspects of a case or situation can result in an invalid warrant as well. Consider the following.
- Lack of probable cause
- Not specific enough information
- False statements made to obtain a warrant
- Outdated evidence
- Violation of Constitutional rights
- The conducted search exceeds the scope of the warrant or it was improperly executed
How Can I Challenge the Validity of a Search Warrant?
You can challenge the validity of a search warrant by filing a motion to suppress. If a search warrant led to your arrest and you are facing criminal charges, you must hire skilled representation. Your lawyer can petition the court to suppress any evidence gathered using the search warrant by claiming that the information was obtained with an invalid search warrant or during an unlawful search. You must collect evidence proving your claim that the warrant is invalid as the prosecution will be given the opportunity to provide evidence that it was legal.
If the court finds that the search warrant was unlawfully issued or executed, they can grant the motion to suppress evidence and the prosecution will be unable to present or even mention evidence or information gathered during the search in the trial. This can greatly benefit your defense, giving you a higher chance of being found not guilty or facing lesser penalties.
Contact an experienced attorney at the Law Office of Douglas Herring to set up your free consultation today.
