Illegal searches – Search warrants

The Fourth Amendment is your Constitutional protection against illegal searches by the police.  It is based on the principle that you have a right to privacy and before the government (the police) can search, they must have legal justification.  You are not absolutely protected against all searches by the police.  The Fourth Amendment protects against “unreasonable” searches.  The Fourth Amendment requires that searches be conducted with a search warrant or based on “probable cause.”

If the police get a search warrant, the must submit an affidavit under penalty of perjury that spells out the facts and information they have to convince the judge to issue the search warrant.  Searches conducted pursuant to a search warrant are presumed to be reasonable.  Why?  Because a judge has already reviewed the information by the police and agreed that probable cause to search exists.  Does that mean that if a search is done with a warrant, you have no way to fight it?  Absolutely not.  Search warrants are open to challenges on several grounds.  Is the information in the affidavit submitted by the police accurate?  Was anything left out that should have been considered by the judge before they issued the warrant?  Is there a sealed portion (hidden) of the warrant?  If so, is there are motions that will allow the defense to have access to that information.   I have reviewed hundreds of search warrants and know what to look for.  If you are the subject of a police investigation that involves a search warrant, contact me.  Unless you fight the warrant, the evidence can and will be used against you.

3 Trackbacks

  1. […] alone, even if completely unfounded, can have a tremendous impact on you.  Police investigation, search warrants, and a possible arrest are all real […]

  2. […] unreasonable searches and seizures.  Under the Fourth Amendment, the police must either have a search warrant or some recognized exception to be able to legally search (and therefore gather evidence to be used […]

  3. […] unreasonable searches and seizures.  Under the Fourth Amendment, the police must either have a search warrant or some recognized exception to be able to legally search (and therefore gather evidence to be used […]

Trackback URL
http://www.joedane.com/criminal-procedure/illegal-searches-search-warrants/trackback/

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*