When you hear a knock at your door, the last thing you expect when you open it is to see the police standing there with a search warrant. Unfortunately, many are unsure how to navigate these complicated situations. First and foremost, you should connect with Houston criminal defense attorneys to represent you if you are at the center of a criminal investigation. Hiring legal representation becomes even more important if the warrant is deemed invalid. The following blog explores these matters in further detail and when search warrants may not be carried out legally.
What Are Search Warrants and What Makes Them Valid?
A search warrant is a document obtained by the police that allows law enforcement to legally search the property of someone suspected to be involved in a crime. These are necessary as the Fourth Amendment of the United States Constitution protects Americans from unreasonable searches and seizures by police. As such, a search warrant allows law enforcement to do so without a Constitutional violation.
In order to obtain a search warrant, the police must ask a judge to issue one. A judge will only do so after reviewing the facts of the case and determining whether or not the warrant is justified. As such, a warrant is only legally valid if the following four details are true:
- Issued by a neutral entity
- Issued in good faith based on reliable information leading to probable cause
- Contains limitations regarding when and how soon the search must be conducted
- Includes details limiting the scope of the search to particular locations on the property
It’s important to understand that there are some circumstances in which the police do not need a warrant to search your home. For example, if you offer your consent, they have reason to believe a crime is actively occurring, or they see something illegal in plain view, they can conduct the search without first obtaining a warrant.
How Can I Challenge the Legality of the Warrant?
If you have reason to believe that the search warrant conducted against you and your property was invalid, the most important thing you can do is connect with an experienced criminal defense attorney to explore your legal options. Generally, your attorney will review the warrant and circumstances surrounding the search to determine if everything is in accordance with the law. If the search was illegal, they can fight to have the evidence unlawfully obtained deemed inadmissible during trial under the exclusionary evidence rule. Having the evidence prohibited from the trial can help weaken the prosecution’s case against you, meaning you may have an easier time fighting the charges.
As you can see, ensuring you fight for your rights is critical, especially if you are facing criminal charges from an unlawful warrant. If this reflects your circumstances, you’ll want to connect with an experienced attorney as soon as possible. At the Gonzalez Law Group, we understand how difficult these matters can be, which is why we will do everything we can to help you receive a favorable outcome. Contact us today to learn how we can guide you during these matters.
