A search warrant provides legal authorization to search private property. Police officers who want to access a home, business or vehicle often need a warrant to legally search.
When they arrive to conduct the search, they must present the person subject to the search with the warrant prior to conducting the search. Most people see a warrant and assume that everything that follows is perfectly legal. However, warrants sometimes have errors and omissions on them that render them invalid.
A missing signature
The most important elements of a search warrant are a judge’s signature and the date of issuance. Although it is rare, police officers may assume the warrant is complete and may not have noticed that the judge did not actually sign the document. Warrants without a valid signature from a sitting judge do not have the authority to grant police officers access to someone’s home.
Mistakes regarding the address
Address issues are common mistakes included on warrants. Sometimes, police officers have the neighbor’s address or the address of the home across the street on the warrant. Even if all the other information is correct, an issue with the address might invalidate the warrant temporarily. While police officers may correct the issue and return, they cannot automatically search with a warrant that includes the wrong address.
Misrepresentations of the evidence
Sometimes, police officers do not honestly portray the situation when asking a judge for a search warrant. They may claim to already have certain evidence connecting an individual to criminal activity when they do not. If an individual recognizes that the basis for the warrant involved a misrepresentation of circumstances, their lawyer may be able to raise questions about the validity of the warrant.
In some cases, the rapid identification of issues, possibly by calling an attorney when police officers arrive, might lead to a defendant avoiding a search that could violate their rights. In other cases, a lawyer may be able to convince the courts to set aside evidence gathered inappropriately. Those who understand the rules that limit police searches can more effectively recognize a violation of their rights when it occurs. Fighting back against police misconduct can help those subject to an investigation and those already facing pending criminal charges alike.