When you hear a knock at your front door, the last thing you expect to see is law enforcement standing there with a search warrant. Unfortunately, many are unfamiliar with their rights in these matters and what makes search warrants valid. As such, it’s important to understand the requirements of these documents to ensure everything is following the law. If you have reason to believe the search warrant executed against you was invalid, you’ll want to keep reading to learn how a Cobb County criminal defense attorney can help you fight for justice in these matters.
What Are Search Warrants and When Are They Valid?
Under the Fourth Amendment of the United States Constitution, Americans are protected from unreasonable searches and seizures conducted by law enforcement. Essentially, this means that the police cannot simply show up at your home and look for evidence of a crime unless they have permission to do so. One way of accessing a person’s property is through a search warrant.
A search warrant is a legal document police have that allows them access to a person’s home. This document is issued by a judge after they review the evidence presented by law enforcement that the target of the warrant is involved in or has evidence of a crime. To be legal, a search warrant must have four elements present:
- Have probable cause that a crime has been committed based on reliable information
- Include specific information about what area can be searched and what items may be taken
- Issued by a neutral party
- Issued in good faith and executed within a specific time frame
Though having a search warrant is required, there are certain circumstances in which a warrant is not necessary for police to execute a search. This includes when the target of the warrant gives consent, the police have reason to believe a crime is actively occurring, or they see something illegal in plain view.
How Can an Attorney Help if These Are Invalid?
If you are the victim of an illegal search and seizure because the warrant executed was not valid, understanding your legal options is critical. Generally, the first thing you should do in these matters is connect with an experienced criminal defense attorney.
After reviewing your circumstances and determining whether or not the warrant is invalid, your attorney can fight to have this situation remedied. This typically includes filing a motion to suppress evidence on the grounds of a Constitutional rights violation. Essentially, this means they are fighting to have the evidence collected against you deemed inadmissible in the trial because it was collected illegally.
As you can see, fighting a search warrant can be an incredibly complicated matter. If you have reason to believe were the subject of an illegal search and seizure, connecting with the team at Miller Law Practice is in your best interest. We understand how complicated these issues can be, which is why we will do everything possible to fight for you during these difficult times. Reach out to our firm today to discuss your unique circumstances with a member of our firm.