A Guide To Challenging Search Warrant Grounds



It's only fair to share...Share on FacebookShare on Google+Tweet about this on TwitterPrint this pageShare on LinkedIn

If you want to make sure that you are able to ward off illegal searches and seizures, it is very important to know your rights. You will want to do your best in order to protect your interests and hold law enforcement accountable for staying within the law when executing a search warrant. Think about these tips and words of advice below, so that you are able to get the help that you need.

#1: Make sure that they didn’t search or seize anything not outlined on the affidavit

Any time that you are subject to a search warrant, you need to start by making sure that the affidavit was legitimate. For instance, if these law-enforcement professionals searched anything outside of that listed on the affidavit, it is not within the letter of the law. Obtain a copy of the affidavit and read through it thoroughly so that you can begin building the foundation of the case.

#2: Challenge the law enforcement body on its probable cause

Make sure that you also protect your rights of probable cause. Law enforcement professionals are not allowed to use flimsy probable cause as a means to search your property or belongings. Be sure that the probable cause that the law enforcement organization lists is within the realm of the law and that it is set in stone and not fluid. From here, you will be able to challenge this use of probable cause to see if it is legitimate.

#3: Hire a lawyer who can represent you in this type of case

Any time that you feel as though a search warrant was not legitimate or was conducted illegally, you will need to get the help of lawyers who can serve you. Walk them through the process of what happened and allow them to get in touch with the judicial courts to receive the documentation of the search warrant and other important matters. There are a lot of legal professionals who can help you with this sort of case, so take the time to research the best search warrant lawyers around.

When you need to be sure that you are doing your best to protect your rights, it is critical that you understand search warrants and how they are executed by police officers. Factor in these tips and use them as you get the representation that you require.