Learning that the police want to search your home or property is sometimes a stressful situation. It’s critical that anyone who may encounter this scenario has at least a basic understanding of search warrants and their rights so they can better ensure that their rights are upheld.
Except under very limited circumstances, law enforcement officers need to have a search warrant before they can search a home or personal property. This ensures that there’s a valid reason for a search.
What makes a search warrant valid?
A search warrant is written order that must be signed by a magistrate or judge. It gives law enforcement officers permission to search a specific location for certain items that are connected to a crime. The search warrant should only be issued if there’s probable cause to believe that the evidence needed will be found at the location stated in the warrant.
A sworn affidavit from law enforcement officers must detail the facts to justify the search. A judge reviews this information to determine whether probable cause exists. The search warrant is issued if the judge finds that there’s probable cause.
The warrant must clearly describe the location to be searched and the items to be seized. This is essential to prevent general or overly broad searches that could violate an individual’s privacy rights.
When is a search warrant needed?
Typically, a search warrant is needed to search any location where a person should be able to expect privacy. This includes places like their home or office, but there are exceptions to the need for a search warrant if certain conditions are present.
If there’s a reasonable risk to the officers or the public, police may opt to search without a warrant. The same is true if there’s reasonable suspicion that evidence will be destroyed. Another exception to needing a search warrant is if someone voluntarily consents to having a specific area searched.
If evidence is seized without a valid search warrant when one was needed, that evidence likely won’t be admissible in court. This is a concern that a defense attorney can raise as part of their strategy if a search leads to criminal charges.
