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How difficult is it to challenge the legality of a federal warrant?
How Difficult is it to Challenge the Legality of a Federal Warrant?
Challenging a federal warrant can be pretty tricky. There’s a lot of legal rules and precedents that make it hard to get a federal warrant thrown out. But it’s not impossible! This article will walk you through the basics so you understand what’s involved if you ever need to challenge a federal warrant.
What is a Federal Warrant?
First, what exactly is a federal warrant? A warrant is a legal document signed by a judge that gives law enforcement permission to search a location or arrest someone. Federal warrants are issued by federal judges for federal investigations and crimes.
For a judge to issue a federal warrant, there has to be probable cause. This means there needs to be enough evidence to make a reasonable person think that a crime was committed or evidence of a crime exists in the place to be searched. The warrant has to specifically describe the place to be searched and the items being looked for.
Why Would You Want to Challenge a Warrant?
There’s a few reasons you might want to try to get a federal warrant thrown out:
- The warrant was overly broad or vague
- There wasn’t really probable cause
- Law enforcement exceeded the scope of the warrant
- There were material mistakes or omissions in the warrant application
- The warrant was obtained illegally
If a warrant is thrown out, then any evidence found with that warrant could be suppressed and not allowed in court. This could seriously damage the government’s case.
How Do You Challenge a Federal Warrant?
There’s two main ways to challenge a federal warrant:
- File a motion to suppress evidence obtained from the warrant
- Sue the government for civil rights violations in how they obtained or executed the warrant
Motion to Suppress
A motion to suppress is a request to the court to exclude evidence that was obtained illegally. This motion is made in the criminal case where the warrant was used. You would argue that the warrant was defective for one of the reasons listed earlier, so any evidence it produced should be thrown out.
This type of motion has to be made before trial during the pretrial phase. It will result in a hearing where you can present arguments and evidence on why the warrant should be found invalid. The burden is on you to show the warrant was no good.
If the judge grants your motion, any evidence gathered under that warrant cannot be used against you. This could seriously undermine the prosecutor’s case and even result in charges being dropped.
Civil Rights Lawsuit
You can also file a lawsuit against the government for civil rights violations connected to an invalid warrant. This would be separate from the criminal case and seek monetary damages.
Common claims in these types of lawsuits include:
- Unreasonable search/seizure under the Fourth Amendment
- False arrest
- Malicious prosecution
- Fabricating evidence
You would sue the specific law enforcement officers and agencies involved and argue they violated your constitutional rights in how they obtained or executed the warrant. If successful, you could recover money damages.
The advantage to this type of lawsuit is it happens separately from the criminal case. You don’t have to wait for the criminal trial to conclude before seeking relief for civil rights violations. The drawback is these lawsuits can be very hard to win. Law enforcement officers have qualified immunity and you have to show they knowingly violated your rights.
What Are Your Chances of Success?
The odds are stacked against you when challenging a federal warrant. Only about 10% of motions to suppress evidence are granted. And less than 30% of civil rights lawsuits over warrants are successful.
Courts tend to presume warrants were proper unless you can prove otherwise. There is a high legal standard to show a warrant was defective or law enforcement misbehaved. You really need strong evidence of problems with probable cause or serious police misconduct.
Minor technical errors in warrants or small reasonable mistakes by police usually won’t be enough to get evidence excluded. You need to show clear violations of procedure and your rights.
What Can Help Your Chances?
A few things that can improve your odds of successfully challenging a federal warrant include:
- Getting an experienced criminal defense lawyer
- Acting quickly to challenge the warrant
- Finding similar cases where warrants were thrown out
- Uncovering new evidence that undercuts probable cause
- Proving clear violations of warrant procedures
- Having strong evidence of police misconduct or dishonesty
The better prepared you are with compelling legal arguments and evidence, the better shot you have. A lawyer who specializes in warrant challenges will know how to give you the best chance.
What Happens If You Win?
If you successfully get a federal warrant thrown out, any evidence gathered under that warrant will likely be suppressed and inadmissible against you. This could result in charges being dismissed or reduced. It really depends on how critical that evidence was to the prosecution’s case.
If you win a civil rights lawsuit over the warrant, you would receive monetary damages for the violations. Typical amounts can range from thousands to millions depending on the circumstances. It may also lead to disciplinary action against the officers involved.
In either situation, it’s a difficult and uphill legal battle. But getting an unlawful warrant thrown out can make all the difference for your case and rights. With skilled legal help, it is possible in some cases to challenge federal warrants successfully.