Although individuals in the United States are protected from unlawful searches and seizures in the Constitution, probable cause and a valid search warrant can allow law enforcement to examine and collect evidence and personal property. If the search warrant was unlawfully obtained or conducted it may be possible to challenge its validity. Reach out to an Upper Peninsula criminal defense lawyer to better understand your legal rights and options.
A search warrant is an invaluable tool law enforcement may use during a criminal investigation. The Fourth Amendment of the United States Constitution offers individuals the right to avoid unreasonable searches and seizures of their property by the government. This means that the police or any other government agent cannot enter, search, or take an individual’s property without probable cause.
A search warrant grants law enforcement the authority to search a person, location, vehicle, or other property for evidence of a crime. A judge or magistrate has the power to issue a search warrant only if law enforcement provides them with enough evidence to reasonably convince them that illegal activity has happened or is happening at a particular place and that evidence can be found at the location that the warrant lists.
If you are facing criminal charges related to evidence found using a search warrant, you should immediately hire professional legal counsel. Discuss the situation with a skilled lawyer and explain the details of your case. They can evaluate the situation, answer any questions, and determine whether or not you can challenge the warrant.
With the help of your attorney, file a Frank’s motion. Named after the 1978 Supreme Court case Franks v. Delaware, a Franks motion is a request made to the court for a hearing where you can contest the legality of a search warrant and request to suppress evidence obtained during the search.
During the hearing your lawyer will represent you, presenting evidence that the warrant was improperly issued or executed. Relevant evidence can include affidavits, witness statements, and other documentation that proves one or more of the following.
Any of the above could render a search warrant invalid. After evaluating the case made by both the defense and prosecution, a judgment will be made to determine whether or not the warrant was legal. If yes, the trial will continue and the warrant will be admissible in court. If not, the evidence associated with the warrant will be suppressed and the prosecution will not be able to disclose the information to the jury.
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