Search Warrants Can Be Scary: Understanding Your Rights Can Help Your Peace of Mind
It is scary when the police come knocking on your door with a search warrant. Understanding search warrants, their limitations, and your rights is crucial for protecting your privacy and ensuring that your rights are upheld. This post outlines how search warrants are used in criminal investigations, their limitations, and your rights under the law.
Search Warrants are an Important Part of a Criminal Investigation
First, it helps to understand what a search warrant is and how it functions. It is a legal document authorized by a judge or magistrate that allows law enforcement officers to search a specific location for evidence of a crime. Sometimes, the area of the search is broad, but most often it is narrow. Your home, office, car, or other property may be the subject of a search warrant. Its purpose is to gather evidence before that evidence is discarded, hidden, or otherwise moved or destroyed. Law enforcement must have a judge sign off on the warrant and the search must be conducted within the bounds of the area specified in order to be conducted legally and in protection of an individuals’ Fourth Amendment rights against unreasonable searches and seizures.
Judges Issue Search Warrants
A search warrant must be based on probable cause, meaning there is a reasonable belief that evidence of a crime will be found in the place to be searched. A judge makes this ruling and issues a warrant after law enforcement has presented an affidavit to a judge or magistrate, outlining the facts and circumstances that justify the warrant. The affidavit may have other evidence attached to it in support of law enforcement’s request. The warrant must specify the location to be searched and the items to be seized.
Search Warrants Are Limited by Law
Search warrants are limited in scope and they must be specific. The search must be limited to the area and items described in the warrant. For example, if the warrant specifies a search for stolen electronics, officers cannot search for unrelated items like drugs. Likewise, if the items sought are a specific size, say the size of a breadbox, areas that are smaller than that, say, a small drawer, are not legally subject to the search.
Search warrants are also usually time-limited. They typically have an expiration date, and the search must be conducted within a certain -period, usually a few days. Some warrants specify that searches must be conducted during daylight hours unless otherwise authorized.
The Execution of a Search Warrant
Generally, officers must knock, announce their presence, and state their purpose before entering the premises. However, this is not always the case. This knock-and-announce rule is designed to protect individuals’ privacy and safety and prevent unnecessary damage to property. After knocking and announcing their presence, law enforcement must wait a reasonable time for you to open the door. The reasonable amount of time officers must wait can vary depending on the circumstances, such as the size of the premises and the time it might take for someone to answer the door. After a reasonable time, law enforcement may use force to open the door.
This rule can be waived if there are exigent circumstances, such as the belief that evidence may be destroyed or there is a threat of harm to officers. This is called a no-knock warrant. These can be dangerous. If you are subject to a no-knock warrant it is important to keep calm.
Your Rights During a Search
Request to See the Warrant
You have the right to ask to see the search warrant and inspect it to ensure it is valid and properly authorized. Check that the warrant specifies your location and the items to be seized. You may want to consider calling your attorney and having your attorney review the warrant and how it is being executed to ensure that the search is valid and legal.
Presence During the Search
You have the right to observe the search, although you must not interfere with the officers’ duties. You can record the search if it does not interfere with the officers but be aware of local laws regarding recording law enforcement. If the search is invalid, for example, if the search is being conducted in a manner beyond the warrant’s scope, a recording may be helpful in a suppression motion.
Officers should conduct the search in a manner that minimizes damage to the property. Finally, only items listed in the warrant may be seized, unless evidence of other crimes is found in plain view during the search.
What to Do If Officers Arrive Without a Warrant
You have the right to refuse consent to a search if officers do not have a warrant. If you consent, any evidence found can be used against you. If you have any questions at all about whether you should allow police in, make sure and contact your attorney before allowing them in. If your attorney is unavailable, do not consent to their request to search.
Officers can conduct a search without a warrant if there are exigent circumstances, such as immediate danger, evidence destruction, or hot pursuit of a suspect. However, exigent circumstances have limitations and any evidence gathered under exigent circumstances that do not exist despite a law officer’s assertion in that regard are subject to suppression motions.
Here is an example. Police enter a home without a warrant, claiming exigent circumstances based on the alleged imminent destruction of evidence (e.g., drugs). Evidence later reveals that there was no immediate threat of evidence destruction, and that the officers could have reasonably obtained a warrant. On a later motion to suppress brought by the defense, the judge grants the motion to suppress, ruling that the warrantless entry was unjustified and the evidence obtained as a result of the search is inadmissible.
After the Search
Officers should provide an inventory of items seized during the search. Ensure you receive a copy and verify its accuracy. If you do not receive an inventory, or if the inventory is incomplete, consult your attorney. Your Tulsa criminal defense attorney can help you understand how to remedy a violation of your rights.
Understanding the limitations of search warrants and your rights during and after a search can help protect your privacy and ensure lawful procedures. If you believe your rights have been violated during a search in Oklahoma, seeking legal counsel is crucial to addressing any potential issues and defending your interests.
Challenging the Warrant
If you believe the warrant was issued improperly or the search exceeded its scope, you can file a motion to suppress the evidence obtained during the search. This motion argues that the evidence should not be admitted in court because it was obtained in violation of your constitutional rights.
Consult with a Tulsa Criminal Defense Attorney
The Tulsa Criminal Defense Law Firm takes pride in zealously representing our clients. Your rights are important and we take your rights seriously. Contact a Tulsa criminal attorney today for personalized assistance with any questions you have concerning search warrants. Call today at 918-256-3400.
We are dedicated to providing reliable legal advice and representing clients throughout the criminal process. Together, we can navigate the complexities of the criminal court process and work towards a positive outcome.