Everyone in the United States has specific rights that are provided to them by the U.S. Constitution. One of these is the right to not be subjected to unreasonable searches and seizures.
Search warrants are one way that this protection is facilitated. Police officers aren’t generally allowed to search a place where there’s a reasonable expectation of privacy unless they have a search warrant or there’s an exception that applies under the circumstances.
What is a search warrant?
A search warrant is a court order that outlines where the police officers can conduct a search for evidence of a crime. Getting this order requires the requesting officer to present probable cause regarding the matter. Officers must present the search warrant prior to conducting the search or seizing evidence.
There are limited times when search warrants aren’t required. One occurs if someone in control over the area being searched gives them permission. It’s also possible if there are exigent circumstances or if the search is incident to arrest.
Does seizure require a warrant?
Seizing evidence doesn’t always require a warrant. If there is evidence of a crime in plain view from a place where police officers are legally allowed, they can seize the evidence. For example, they may seize drugs on the coffee table if they can see those from the front window of the home.
Lack of a search warrant or other valid reason for the search or seizure to occur may be the basis of a defense strategy. It’s critical that anyone who believes this is a factor in their case discusses the situation with a skilled legal team. It’s critical that every defendant has a defense strategy they feel is in their best interests, given all that is at stake.