If you are facing criminal charges in New York, it’s crucial to understand your legal options and rights. In many cases, the prosecution relies on evidence that was obtained during a search. However, for this evidence to be admissible at trial, the police must follow certain procedures to be admissible to obtain it. If the police fail to comply with the procedures required under the Fourth Amendment to the U.S. Consitution, a judge will find the search warrant invalid and exclude the evidence from being considered in court. This will make it much more difficult for the prosecution to prove their case. Please continue reading to learn what can make a search warrant invalid and how a determined Rockland County Criminal Defense Attorney can help you fight your charges.
What Constitutes a Valid Search Warrant?
First, it’s important to understand that the Fourth Amendment of the United States protects citizens from unreasonable searches and seizures by law enforcement. Essentially, this means that the police are prohibited from showing up at someone’s home or searching their person to look for evidence of a crime unless they have consent to do so. A search and seizure is considered unreasonable if it’s conducted without a valid search warrant and doesn’t fall under an exception to this requirement.
A search warrant is a legal document that authorizes law enforcement officers to search a particular location and seize specific items. To obtain a search warrant police must show probable cause that a suspect committed a crime and that items connected to the crime are likely to be found in the place specified. For a search warrant to be deemed valid it must meet the following elements:
- The warrant must be based on reliable information demonstrating probable cause to search
- The warrant must be issued by a neutral party
- The warrant must state specifically the place to be searched and what items can be seized
- The warrant must submitted in good faith by the law enforcement officer
It’s important to note that there are circumstances in which a warrant is not necessary for law enforcement officers to execute a search. This includes when an individual gives permission, the police have reason to believe a crime is actively occurring, or they do something illegal in plain view.
How Can an Attorney Challenge a Search?
If you suspect that you are the victim of an illegal search and seizure, it’s in your best interest to connect with an experienced attorney who can help protect your rights. After reviewing your circumstances and determining whether or not a search warrant is valid, your attorney can file a motion to suppress evidence on the grounds of a Constitutional rights violation. If successful, the court will deem the evidence collected against you inadmissible. This can make it much more difficult for the prosecution to prove your guilt beyond a reasonable doubt, which can lead to a significant reduction in the criminal charges or even the outright dismissal of the case.
If you are facing criminal charges based on evidence obtained by the police after issuing a search warrant, our legal team can help you challenge the validity of the search warrant and have the evidence dismissed. Connect with The Law Office of Carl Spector today to discuss your case.
