Search Warrants: When Can an Officer Legally Search Your Property?

We’ve all seen it on crime shows. An officer goes to search someone’s home or vehicle, the suspects scoffs and says, “You can’t do that!” and then the officer  proudly flashes a warrant and proceeds with the search. Or, the officer wants to carry out a search, the suspect smugly says “Got a warrant?” and then the officer scowls, forced to walk away until he or she can return with that piece of paper. In reality, it’s not that cut-and-dried. While an officer is generally required to obtain a search warrant before he or she can search a suspect’s property, there a many exceptions to this rule. In order to properly protect your rights, it is important that you fully understand how search warrants work and what officers’ liberties and limitations are with these warrants.

First, let’s talk about what a search warrant is. When an officer has probable cause to believe that a suspect has engaged in criminal activity and that a search of that person’s property will produce evidence of that activity, the officer can seek a search warrant from the court. If the officer is able to convince the judge of the probable cause, the search warrant will be granted. The officer will have to limit his or her search to the location, date and time (or time range) that is listed on the warrant. For example, if the search warrant is for a suspect’s backyard, the officer cannot search the person’s home as well (unless one of the exceptions applies). The officer will also be limited to what he or she can search for. For instance, if the search warrant is for weapons, the officer cannot also start carrying out a drug search. The officer would only be able to lawfully seize illegal drugs if he or she found the drugs through the reasonable course of the weapons search, or if the drugs were out in the open.

Here are a few of the many exceptions that may allow an officer to search or seize your property without a search warrant:

• The contraband is in plain view from an area where the officer has a right to be (such as when a gun can be seen through a vehicle window, or when marijuana plants can be seen in a backyard from the street or alleyway, or from a helicopter flying above).
• The search is conducted in connection to an arrest.
• The officer needs to enter or search a property in an emergency situation, and public safety or the need to avoid the immediate loss of key evidence outweighs the absence of a search warrant in that moment (such as when an officer hears cries for help coming out of a home, or when the officer finds contraband while tending to an injured motorist).
• An officer lawfully stops a vehicle and there is probable cause that a vehicle contains contraband.
• The suspect willingly consents to the search (even if the officer doesn’t have a required search warrant).

If an officer carries out an illegal search or seizure of property, there is a good chance that the court will bar it from being used in court. This oftentimes leads to charges getting dismissed or greater likelihood of a “not guilty” verdict. If you have any reason to suspect that your Constitutional rights were violated in the search or seizure process, take action now by giving my firm a call! As a Miami DUI attorney who has more than 30 years of experience, I can provide you with excellent defense. I handle DUI cases, as well as other types of criminal cases. Contact Jonathan Blecher, P.A. and get high-quality defense!

The Need of Search Warrants for Blood Samples

It might seem as if the laws are stacked against drivers who might possibly be convicted with a DUI, but there's still hope for them thanks to the 4^th Amendment and its ban on unreasonable searches, especially in regards to blood tests for the purpose of obtaining a BAC reading.

Recently, the Supreme Court ruled against a prosecution's appeal to exempt the requirement of a search warrant in the case of an arresting officer and a DUI driver who would not consent to a blood test. While prosecution argued that the forcible nature of the blood test was necessary in getting dissipating evidence from the offender, justices were steadfast on the law that requires officers to obtain a warrant. And the fact that getting one by phone or computer was a viable option and can be done within a matter of minutes supported the case of the defense even more.

Advantages for DUI Drivers

The Fourth Amendment guards against unreasonable searches and seizures that would invade an individual's privacy and a search warrant along with probable cause is the only way to get around this ban. DUI drivers can utilize their rights according to this amendment when a blood test is being requested of them. If the police officer does not present a search warrant sanctioned by a judge, then they are not required to comply with having their blood drawn.

In addition, this also gives DUI drivers an advantage over any incriminating evidence that might be gathered against them. Even if somehow law enforcement was able to obtain blood sample from the offender and their blood alcohol levels are exceedingly above the limit, this evidence is inadmissible in a court hearing if a search warrant was never issued. This could also result in the case being dismissed.

If the arresting officer follows through with applying for a search warrant, the process can take several minutes or even hours. This allotted delay will give the driver more time for their BAL to dissipate which may or may not put them within the legal BAC limit.

Case by Case Contingency

While this can greatly affect the outcome of several cases in favor of the defense, not all DUI drivers will be able to benefit from the Fourth Amendment. Because according to the Supreme Court, warrantless blood draws can still be a possibility but only on a case by case basis and will rely hugely on the "totality of circumstances". So for now, the privacy of your blood is safe until a search warrant is present; unless of course you just happen to be one of the exceptions to the rule.

Have more questions about your DUI case? Call Attorney Jonathan Blecher, P.A. to discuss your situation during a free case evaluation. Attorney Blecher has been defending DUI cases in Miami for over three decades and has the knowledge you need on your side.