Warrantless Search Lawyers

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Most Common Defense and Criminal Law Issues

When Is a Warrantless Search and Seizure Valid?

Warrantless searches and seizures are illegal because they violates the Constitution. However, they can become legal if they fall under an exception.

To comply with the 4th Amendment, police officers must obtain a valid search warrant in order to search and seize evidence found in an individual’s home, residence, property, or person.

When Is a Warrantless Search Valid?

Warrants are usually needed when searching and seizing evidence, but a search and seizure without a warrant is valid if:

What If the Police Had an Invalid Warrant?

A warrant is issued by a neutral judge and must be based on probable cause in order to be valid. The warrant must also state which areas can be searched and which items can be seized.

If one of these requirements is not met and law enforcement knew about it, then the warrant is invalid and all the evidence could be suppressed. However, if the police acted in “good faith” and believed that the warrant was valid, then the evidence may still be admissible in court.

Do I Need a Lawyer for Warrantless Search Issues?

Yes. Getting legal help from a criminal defense attorney can be in your best interest because warrantless searches can be complex. An attorney can help you determine if the right procedures were performed when you were searched.

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Last Modified: 10-03-2014 12:41 PM PDT

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