Search Warrant

Search and seizure laws are complex and are therefore easily misunderstood. Many defendants make the mistake of agreeing to a search they could have refused because of their misunderstanding of the law.

Search Warrant Requirements

The Fourth Amendment to the United States Constitution prohibits illegal search and seizure; however, there are certain circumstances in which a judge will issue a search warrant to legally search a suspect’s personal property. In order for a judge to lawfully issue a search warrant, there has to be probable cause or a belief that conducting a search will lead to evidence of a crime.

Are There Any Circumstances In Which A Warrant Is Not Required?

Although most searches require a warrant, there are some special circumstances in which a warrant is not required:

• Property is in a public place: If the property is in plain view and is readily available to the public, a warrant may not be required.
• Property that has been obviously abandoned or disposed of: Police officers are required to produce a search warrant to search through garbage that is on private property; however, once the garbage is transported to a public landfill or dumpster, a warrant is no longer required.
• Consent: If a person voluntarily agrees to a search or if a family member or spouse gives third party consent, a warrant is not required. If a police officer does not have a warrant, you have the right to refuse a search.
• Investigatory stop: If there is reason to believe there is a crime in progress, officers may conduct certain searches without a warrant.
• Exigent circumstances: This exception applies to circumstances in which quick action is necessary. For example, if there is reason to believe evidence is being destroyed or a person is being harmed or is in danger.

Contact an Attorney about a Search Warrant

Search and seizure laws are complicated and may vary on a case-by-case basis. This is why it is important to discuss your case with an experienced criminal defense attorney who fully understands the laws governing search and seizure. If a search has already been conducted, you should discuss the situation with a criminal attorney to make sure your rights were not violated.

And, if a search has not yet been conducted, you should talk to a skilled attorney who can help you understand your rights in advance. Contact us today to speak with an experienced criminal law attorney.

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