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!

If The Police Have A Warrant To Search My House, Can They Look Anywhere?

When the police have a search warrant for your home, it may be limited. The warrant must describe exactly where they want to search, and what they are looking for, such as drugs, guns, stolen property or other item or evidence in a criminal case. The police then have the right to search anywhere in your home that the warrant permits them to look. The warrant could allow the police to search your entire house, or just certain areas. If the police arrive at your house with a search warrant, you need to read it, and call an attorney fast. If a case has progressed to the point where there is a search warrant, and the police are there to find evidence, you can expect to be arrested within a short period of time. You are obviously the target of a criminal investigation, whether you are innocent or guilty.

If the police come to your home with a search warrant, ask to see it, and read it so you know what they can or cannot do, and what areas they are permitted to search. The police can only search for the type of items that are related to the case. This limits some types of search activities. As an example, if they are looking for firearms, they can't look in your medicine cabinet – a gun just won't fit, and this would be overstepping the bounds.

One tip when dealing with police: be respectful, and don't argue. Read the warrant, understand it, and call an attorney. If you are argumentative or aggressive, you can find yourself in legal trouble that can cause you serious problems later. When you speak with a criminal attorney, and explain carefully everything that occurred, where the police searched, whether they took any items for evidence, and what the warrant said, your lawyer can inform you whether they violated your rights. It happens. If it happened to you, legal action must be filed about the rights violation. Some evidence may be deemed inadmissible if the police violated your rights, or searched beyond the scope of the warrant.

Contact Jonathan Blecher, P.A. in Miami for more information.