This essay will answer frequently asked questions (FAQs) about search warrants.
What is a search warrant?
It is a court-ordered document that empowers police to look for criminal evidence on private property. Police may look for criminal proceeds (e.g. money earned during a drug deal) as well as property suspected to be involved in commission of a crime (e.g. a handgun used in a drug deal or a computer used in the commission of a Southern California white collar crime).
Who issues a search warrant?
A judge does. The judge provides the authority to law enforcement agents to conduct searches of private property.
What information is contained on a search warrant?
- The name, address, and other identifying information of the person to be searched
- The articles that law enforcement wants to seize
What rights do police officers have?
Police can enter private property, even if you’re not there, and they can search your belongings under a variety of circumstances. As long as officers adhere to the rules outlined in the warrant and avoid seizing or searching evidence unconstitutionally, they can use a variety of tactics and strategies to collect evidence.
If an officer pulls you over or inspects your automobile — and has reasonable suspicion that criminal activity might be taking place — he or she can seize items in “plain view” and search areas that might hide dangerous weapons, like knives or guns.
What Constitutional protections do you have?
According to the Constitution’s 4th amendment: “no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” If you had a “legitimate expectation of privacy” that was violated, you may challenge the search’s legality pursuant to 4th amendment grounds.
In order for a search to be Constitutional, the action must be “justified at its inception” and “reasonably related in scope to the circumstances which justified the interference in the first place” – a twofold standard determined by the U.S. Supreme Court.
What shall I do if the police arrested me after searching my vehicle or after a judge issued a search warrant for my property?
Connect as quickly as possible with a reputable Newport Beach criminal defense lawyer. An experienced attorney can potentially challenge the constitutionality of the search or otherwise help you respond proactively to the charges. Without a trusted attorney’s guidance, you may find it difficult to protect your rights and ensure a best outcome for your defense.
For a free and completely confidential consultation about your Orange County criminal matter, connect with the Law Offices of Maltaise Cini at (949) 660-1389 or www.maltaisecinilaw.com. Attorney Cini has worked over 17 years representing defendants in felony and misdemeanor cases, and she can give you the expert assistance you need to set up a powerful defense strategy.