A search warrant, usually signed by a judge, gives authority to law enforcement personnel to search for certain objects at a specific location. During the search process, the law enforcement personnel are allowed to take some reasonable measures to protect themselves such as keeping the occupants handcuffed. A search warrant can be challenged if the right procedures in obtaining it or conducting the search process haven’t been followed.
Challenging Search Warrants
How They Are Obtained If there are some inappropriate measures taken when obtaining a search warrant, it can be easily challenged. Note that, it is obtained when law enforcement personnel provide the magistrate or judge with information gathered on the case. The information is provided through affidavits, through their own reports or those from informants.
The Probable Cause When the affidavit is presented to the judge or magistrate, it is a way to provide probable cause. Of course, it is tough to challenge a search warrant on probable cause because the individual connected to the place to be searched isn’t present during the process of obtaining it in the first place. However, there is always some leeway to challenge the search warrant’s validity with a pre-trial motion.
Anticipatory Search Warrants If the circumstances are appropriate, law enforcement personnel can acquire an anticipatory search warrant. Here, the warrant is issued with the premise that at a future time, there will be evidence of a crime at a particular location. For instance, if there is evidence that drugs might be shipped at a particular location, an anticipatory search warrant can be issued to seize the drugs once they arrive at the specific location. If the information leading to the issuance of the anticipatory search warrant seems fishy, then there is cause to challenge it.
What To Do When Challenging A Warrant
If you’re a suspect in a case and a search warrant is issued under suspicious circumstances, you need to find legal help immediately. Depending on the jurisdiction, search and seizure law can be quite different. Therefore, you need to find the right lawyer for search warrants to assist you with the process. Find an attorney who is familiar with the laws that govern the particular jurisdiction to make sure you’re on the right track. It’s also helpful to find an attorney with experience in handling these matters as well as a successful track record before proceeding to trial, for the best results.