It’s important to understand that law enforcement representatives aren’t free to search whenever, wherever and whatever they want.
Most searches are only authorized if an officer has a valid search warrant. Understanding a few critical points about search warrants may help individuals who encounter the need to inquire about them during a criminal investigation.
What’s required to obtain a search warrant?
A search warrant must be based on probable cause, which means there must be a reasonable belief that a crime has been committed and that evidence related to the crime is located at the place to be searched. The warrant must clearly specify the location to be searched and the items to be seized. It must be signed by a judge or magistrate.
When is a search warrant necessary?
Search warrants are generally required when law enforcement needs to search private property where there is a reasonable expectation of privacy. This includes homes and businesses.
One notable exception to search warrant requirements is consent. If an individual voluntarily consents to a search, law enforcement can proceed without a warrant. It’s important that the consent is given freely and isn’t coerced for it to be valid in a court of law.
Another exception is exigent circumstances when immediate action is necessary to prevent physical harm, the destruction of evidence or the escape of a suspect. Law enforcement can conduct a search without a warrant to address the emergency at hand.
Search incident to a lawful arrest is another well-established exception. When law enforcement makes an arrest, they can search the person and the immediate surroundings without a warrant. This exception is intended to ensure the safety of the officers and prevent the destruction of evidence.
Anyone who’s facing criminal charges should ensure they have legal assistance who can help them develop a strong defense strategy. Calling a search or seizure of evidence into question is possible, but whether this strategy makes sense for a particular defendant depends on their circumstances.