Law Offices of Thomas C. Mooney - Criminal Defense
Call Today for a FREE Consultation 301-579-3429

What is a warrant?

Prosecutors need a variety of evidence in order to convict person on the crime in Maryland. Sometimes this evidence comes in the form of physical evidence collected by police during an investigation. Evidence can be critical in the prosecutor's case. Without the evidence, it may be impossible or prosecutors to move forward with the case or to convict the accused on the criminal charges.

Maryland residents should know that police cannot conduct an investigation in any way that they would like. There are constitutional protections that every Maryland resident is entitled to. The Fourth Amendment of the United States Constitution protects Americans from unreasonable and illegal searches and seizures. In order to ensure that a police search complies with the Fourth Amendment, in most cases, the police must have a warrant to search a person's residence, car or person.

What is a warrant? A search warrant is in order issued by a judge that gives police the right to search a specific person or place. A judge can only issue a warrant if the police have probable cause that a crime has occurred or is going to occur. However, a warrant is only necessary if police want to search a place or person when there is a "legitimate expectation of privacy."

These requirements only apply to government officials, like police officers. Private investigators and other private individuals are not required to follow the same rules.

If police, or other law-enforcement officials, failed to follow the warrant requirement rules, then their search maybe deemed illegal. Any evidence found in an illegal search may not be used in court. However, there are numerous exceptions to the warrant requirement.

People who have been accused of a crime in Maryland need to ensure that police acted according to the law. In some cases, challenging police behavior during the course of a criminal defense is appropriate. While this blog post cannot answer specific legal questions, an attorney can help people determine whether or not a warrant issue exists in their case.

No Comments

Leave a comment
Comment Information

How Can We Help You?

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Maryland Association For Justice The National Trial Lawyers | Top 100 Trial Lawyers National Association of Distinguished Counsel | Nation's Top One Percent Top Lawyers This is to certify that Thomas C. Mooney has been chosen as a top lawyer in Washingtonian Magazine in 2015
Super Lawyers

Contact Us

14750 Main Street, Suite C
Upper Marlboro, MD 20772

Phone: 301-579-3429
Fax: 240-363-0051
Upper Marlboro Law Office Map