How can my lawyer challenge the validity of a search conducted on my property?

Challenging the Validity of a Search Warrant

Getting searched by the police can be a scary, overwhelming experience. Even if you haven’t done anything wrong, having officers rifle through your home and belongings feels like an invasion of privacy. What are your rights in this situation? Can your lawyer fight back against an unlawful search? Absolutely. There are a few ways for your attorney to challenge the validity of a search warrant and suppress any evidence found during the search.

Question the Probable Cause

In order for a search warrant to be valid, the police need probable cause. This means they must have reasonable, trustworthy information that evidence of a crime will be found in the location to be searched. Probable cause must be more than just a hunch or suspicion. Your lawyer can argue that the warrant lacked probable cause if the information was unreliable, from an untrustworthy source, or if the evidence described would not logically be found where the police wanted to search. For example, if the warrant was based solely on an anonymous tip or a confidential informant with no track record of reliability, your attorney can fight to get the warrant invalidated and the evidence excluded.

Point Out Technical Errors

Search warrants need to precisely describe the place to be searched and the specific evidence being sought. If the warrant is vague or gives the officers too much discretion, your lawyer can challenge it. For example, a warrant to search for “evidence of drug dealing” in your home would likely be considered overbroad and invalid. Similarly, if the warrant contains factual errors about your address or what was being searched for, your attorney can use that as grounds to suppress the fruits of the search. Sloppy police work like typos can sometimes make a warrant defective.

Question if the Warrant Was Properly Executed

Police are required to execute a search warrant in a reasonable manner. Your lawyer can argue the search was unconstitutional if the officers clearly exceeded the scope of the warrant. For example, if the warrant was only for your garage but the police searched your entire house, or if the warrant authorized a daytime search but the police arrived in the middle of the night. Additionally, the officers are required to show you the warrant and give you a copy promptly after the search. If they failed to do so, your attorney can challenge the admissibility of the evidence.

Argue the Warrant Lacked Particularity

Search warrants need to describe the specific area to be searched and the precise evidence being sought. Warrants that give officers broad discretion to search wherever they want and seize whatever they find are invalid. If the warrant was not particular enough in what it authorized the police to look for and where, your lawyer can argue it violates the Fourth Amendment’s protections against general warrants and unreasonable searches. This is a very common way warrants get tossed out.

File a Motion to Suppress

If your lawyer finds grounds to challenge the validity of a search warrant, he or she will file a motion to suppress with the court. This asks the judge to rule the search unconstitutional and prevent the prosecution from using any evidence obtained from the search. Your attorney may also request a special hearing, called a Franks hearing, to present testimony and evidence contesting the warrant. If the judge agrees the search violated your Fourth Amendment rights, the evidence will be excluded from the case against you.

Act Quickly to Preserve Your Rights

It is important to have your lawyer look into the validity of a search warrant as early in the case as possible. There are strict deadlines for filing suppression motions. You also don’t want the prosecution to start relying on evidence that may eventually be excluded. Don’t panic if the police show up with a warrant. Politely assert your rights, then contact your attorney to explore options for challenging the search. With an experienced criminal defense lawyer in your corner, an unlawful search does not have to be the end of the line.

Sources

Probable Cause – Cornell Law School
Warrant Requirements – Nolo
Particularity Requirement – Legal Information Institute
What is a Franks Hearing? – Nolo