Monder Law Group - News
The Fourth Amendment of the U.S. Constitution guarantees the right of the people, that no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
What is a search warrant?
A court order signed and issued by a Magistrate or a Judge.
What does a search warrant do?
It authorizes law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate evidence if found.
What is required for a search warrant?
Law enforcement officers must have probable cause to believe that criminal activity is occurring at the place to be searched or that evidence of a crime may be found there.
What are the search warrant’s limitations?
Law enforcement officers can only search the place particularly described and usually only seize the people or property particularly described in the search warrant.
What are the exceptions to a search warrant?
If in the course of their search, law enforcement officers come across contraband or evidence of a crime that is not listed in the warrant, but in plain view of the officers, they can lawfully seize the unlisted items.
If the warrant specifies a certain person to be searched, law enforcement officers can only search that person, unless they have independent probable cause to search other persons who happen to be present at the scene of a search.
What are the requirements of a valid search warrant?
1) The search warrant must be filed in good faith by a law enforcement officer
2) The search warrant must be based on reliable information showing probable cause to search
3) The search warrant must be issued by a neutral and detached magistrate
4) The search warrant must state specifically the place to be searched and the items to be seized.
How can you safeguard your Fourth Amendment right?
By contacting Monder Law Group, we will review your case and look to see if the evidence against you was obtained without a valid search warrant. If so, we will challenge the validity of the warrant before trial and make sure that no exception to the search warrant requirement applies. A search warrant gives law enforcement officers the power to search and seize, but the Fourth Amendment of the U.S. Constitution limits this power and protects people against arbitrary, police intrusions and illegal seizures.
If you have any questions about search warrants, please feel free to contact Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Defense