A police officer must have a search warrant to conduct a search or a seizure in most circumstances. They cannot act without authority but must prepare an affidavit that sets out probable cause.
The warrant must be considered by a neutral magistrate who reviews the affidavit and is convinced there’s a legal reason for a warrant to be issued.
If the warrant affidavit fails to set out a legally sufficient probable cause, the search warrant issued by a magistrate is an illegal search warrant. As such, it’s inadmissible in court.
Although we think of search warrants in connection with searches of property during the investigation of a crime, police also must obtain a search warrant for a blood test during a DWI stop.
When search warrants are issued for police to go into a property, the search should be consistent with the warrant itself.
For example, if for the evidence listed in the warrant allows police to search a bathroom of a home for illegal drugs, the police officers should confine their search to the bathroom.
Although search warrants are generally required by police to conduct searches and seizures, there are some exceptions, namely:
- Cases in which consent has taken place. If a police officer shows up at your door and asks if they can enter to search for narcotics and you consent to the police search, then the police do not need a warrant. Even if you do not think you have anything to hide, you should not make it easy for the police and grant a search.
- In Plain view. Police do not need a search warrant to take evidence that is in plain view of a place where the police are allowed to be like drugs left on a sidewalk.
- Emergency powers. If the search takes place during an emergency situation, then the police may not need a search warrant. If a terrorist attack has taken place or police are chasing an armed suspect into an isolated neighborhood, they may not require a search warrant to go any of the homes there because the presence of the suspect is placing the residents at risk.
- Searches related to arrest. After a person has been arrested by a police officer, the officer may carry out a search of the individual and his immediate surroundings for weapons dangerous to the officers or other people.
In many cases, getting a search warrant can be a painstaking process. If officers fail to comply with the law, evidence will likely be inadmissible in court. Our Fort Worth criminal defense attorneys can look for these inconsistencies and undermine the case against you.
Call us for a free consultation today.
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