When you hear a knock at your front door, the last thing you may expect when you open it is to find law enforcement with a warrant to search your property. Unfortunately, many are unfamiliar with the legality of these situations and how to determine if a warrant is legal and valid. If you have reason to believe that an invalid search warrant was carried out against you, this blog explores what makes these documents legal and how a Sacramento criminal defense lawyer can help you fight the charges against you.
What Is a Search Warrant and What Makes It Legal?
Under the Fourth Amendment of the United States Constitution, you have protection from unlawful searches and seizures. Essentially, this means that the police cannot simply show up at your door and search your home for evidence of a crime and take items out of your home. However, to be able to conduct the necessary searches and gather evidence, the police can obtain a warrant allowing them to search someone’s home or property.
Warrants are only given under very specific circumstances and must meet four criteria to be granted. This includes:
- Issued by a neutral third-party judge
- Issued based on evidence supporting probable cause
- Issued in good faith based on reliable evidence
- Includes a time frame and limitations for the search
A warrant isn’t the only way the police can legally search your property, however. If the police receive your consent, have reason to believe a crime is actively occurring, or see something illegal in plain sight, they do not need to obtain a warrant first.
Can a Lawyer Help Me Fight an Invalid Warrant?
If you have reason to believe the warrant executed against you is invalid, it’s imperative to connect with an experienced criminal defense attorney. Not only has this warrant likely violated your Constitutional rights, but it could have led to your arrest. As such, your attorney will examine the circumstances to determine the best course of action for you.
Generally, to fight against unlawfully collected evidence, your attorney will file a motion to suppress evidence. Essentially, this means that they will fight to have the evidence gathered during the search deemed inadmissible since the warrant used was not legal. This can impact the outcome of your case, as the prosecution may not be able to maintain a substantial case against you.
When you are in legal trouble, the team at the Law Offices of Dale R. Gomes is ready to help. We understand the complexities of these matters, which is why we will fight for you. Connect with our team today to discuss your unique circumstances to learn how we can guide you through these challenging times.