Served with a Search Warrant?

 

When You are Served with a
Search Warrant
Search warrants allow for law enforcement to search property in
the event that they have probable cause to do so. When they search the
location, they are looking for evidence that can be incriminating. Without a
search warrant, the police cannot access and search your home without you
giving them the green light. If the search is in an effort to protect you or
other innocent parties, authorities can search property without a warrant.

Requirements of a Search Warrant

There are four requirements that must be met in order for a
search warrant to be valid:

 

1.The warrant must specify the specific location and items that
will be searched and seized in the event that the authorities find what they
are looking for.

2. The police must be able to prove that there is probable cause
that gives them reason to search a particular location.

3. A judge must approve the search warrant.

4. It must be filed by the police.

 

When a Search Warrant is Served
Prior to allowing the police to search
the area that the warrant specifies, you must first look at the warrant to
confirm that it is valid.
The Date
A warrant can be valid for as long as
items outlined in the warrant can be located. There is really no specified
length of time that a warrant is valid for but generally, they should be less
than two weeks old.
Address
When inspecting the warrant double check
to make sure that the address is correct. There have been instances where the
incorrect property has been searched. Not only is this a hassle to those
involved, it is also a waste of time and resources.
Signature
It is important to check that the
warrant was signed by a judge. When the judge has signed the warrant it is
considered valid as they have consented to the search taking place.
When a Warrant is Invalid
Always inform the police if you notice an error in the police
report. In the event that the warrant does not have the correct information,
you have a right to deny them entry into your home or property. Despite this,
the police may decide to search your house. If this occurs, any of the evidence
that the authorities find in their search could be deemed inadmissible in
court. An attorney who specializes in criminal defense, can help to protect
your rights throughout this process.
Always contact a defense attorney such as Criminal Defense Lawyer Baltimore MD  if you believe your rights were violated when a search warrant was served.
Thanks to authors at Greenberg Lawyers for their insight into Criminal Defense
Law.

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