Personal Attention.
Aggressive Defense.

Photo of Thomas C. Mooney

2 points to know about search warrants

On Behalf of | Oct 17, 2022 | Criminal Defense

The United States Constitution provides very specific rights to people in this country. The first 10 amendments to it are known as the Bill of Rights. The Fourth Amendment protects people against unreasonable searches and seizures. 

In many cases, police officers need a search warrant to search a person or personal property. It’s crucial that everyone understands a bit about search warrants so they’ll know if their rights were violated.

Search warrants aren’t always necessary

The police don’t need to have a search warrant if you give them permission to conduct the search. They also don’t need one if there isn’t a reasonable expectation of privacy or if a person is arrested for a crime. For example, they need a search warrant to search your vehicle unless they see evidence of a crime in a visible place, such as on a seat. They wouldn’t need a search warrant to search the entire vehicle if you’re arrested for the drugs they saw on the vehicle’s seat. 

Search warrants must be specific

A search warrant must be specific. It should contain a specific location to search and denote what types of evidence are being looked for. For example, the search warrant can’t just say that the police can search any location where John Doe frequents to try to find evidence of a crime. Instead, it would have to name the place, such as stating the police can search Mr. Doe’s vehicle for evidence of drugs or weapons. 

Your civil rights are important. Violations of them can become a defense strategy component. Working with someone who can help you to develop your case may help you to evaluate the options and get a strategy you’re comfortable using.