The Fourth Amendment of the U.S. Constitution protects individuals from unlawful searches and seizures. This is a right that law enforcement officers must take very seriously. Without consent or probable cause that an offense or emergency is in progress, police officers generally cannot enter a property without a valid search warrant.
What should a lawful search warrant contain?
Specific information about the property
A search warrant should accurately detail the property that is to be searched. For a residence, the address should be correct. Even one digit wrong in the warrant could make it invalid. For example, if the search warrant contains a neighbor’s address, then it is typically invalid. A warrant should also specify whether or not all buildings on the property can be searched. For example, if there are outhouses, sheds, garages etc., then these should be specified in the warrant.
The type of property to be seized
A search warrant should also contain details relating to the property that is potentially subject to seizure. For instance, if officers intend to seize electronic devices and cell phones, this should be clearly outlined in the warrant.
A specified time period
Generally, search warrants are only valid for a set period of time. This is to prevent individuals from potentially facing police harassment. A warrant must state the time period during which the property can be searched. If officers miss this time period, then they have to go back to court to obtain another warrant based on probable cause. Importantly, all search warrants must be signed off on by the appropriate courts.
If you are facing charges and believe that a search that led to your arrest was unlawful, this can inform your defense. Seeking legal guidance will give you a clearer indication of your options.
