A search warrant is a legal document issued by a judge or magistrate to law enforcement. It is used to allow the police to search personal property and seize evidence without consent from the owner. Under the Fourth Amendment of the United States Constitution, individuals are protected from unlawful searches and seizures without probable cause or a valid search warrant. If you are facing criminal charges you may be able to challenge the validity of the search warrant with the help of a Pottstown criminal defense lawyer. Reach out to a skilled attorney at Cohen & Patel to set up your consultation today.
What Would Make a Search Warrant Invalid?
Because Americans have the right to privacy and to avoid unlawful searches and seizures, law enforcement must meet stringent requirements when requesting and executing a search warrant. If any of the following apply, the search warrant and evidence collected could be considered invalid in court.
- Lack of probable cause
- Stale information used to obtain the warrant
- False information used to obtain the warrant
- Lack of specificity in terms of the location and items that can be searched and seized
- Unlawful execution of the warrant, like outside of the specified times or areas
If the search warrant violates your rights in any way you can challenge its validity and attempt to have the evidence suppressed in your court case.
What is a Franks Motion?
The 1978 Supreme Court case Franks v. Delaware birthed the Franks motion, a legal provision that allows a lawyer to challenge the constitutionality and validity of a search warrant. It is a legal document that acts as a request for a hearing where both the defendant and prosecution can present evidence and arguments defending their side. When the defendant succeeds at the hearing, the judge throws out or suppresses some or all of the evidence obtained under the warrant.
How Can I Challenge the Validity of a Search Warrant?
The best way to challenge the validity of a search warrant is by filing a Franks motion with the help of your attorney. Unfortunately, search warrants cannot be challenged before they are executed. Even if you believe the warrant violates your rights, if law enforcement arrives at your property with a signed search warrant you have to let them conduct the search and seize evidence in accordance with the document.
It is only after the fact that you can challenge its validity. Your lawyer will assess the details of your situation and determine whether or not you have enough evidence to contest the warrant. They can file a Franks motion on your behalf and work with you to prepare for the hearing. Gather evidence including affidavits, copies of the warrant, witness statements, etc. to support your side.
If the judge agrees that the warrant is invalid then some or all of the evidence gathered as a result may be inadmissible. Speak with an experienced attorney to discuss your options and obtain legal representation.
