Friday, April 2, 2010

Search Warrants have many requirements

Just because law enforcement obtains a search warrant does not mean the search is legal, or that the evidence found from the search will be allowed in as evidence.

The validity of a search is governed by the Fourth Amendment to the United States Constitution and Article I, Section 10 of the Minnesota Constitution. The Fourth Amendment protects people and areas against unreasonable searches and seizures by the government. In the absence of a search warrant, a search is per se unreasonable unless the search comes within a defined exception.

In order for a search warrant to be upheld in court the information presented must be adequate, contain no misrepresentations and be properly executed. In order to be adequate, the warrant must be issued by a neutral, disinterested magistrate; demonstrate probable cause to believe there is a basis for the search or that the articles sought are located at the place to be searched and the things to be seized must be described as well as the places to be searched.

Statutes and case law help to define the terms such as: probable cause, adequacy, unreasonable or reasonable, seizures, and proper execution. A lawyer can help you to properly research and argue these points to the Court. If you find yourself in a situation where you need legal assistance, contact Patrick Flanagan for a free consultation.




No comments:

Post a Comment