Most people know what a search warrant is, but many don’t know the limits of them. They don’t know what’s required of the police to get one, or what their rights are if they’re served with one. First of all, at Law Office of Michael L. Fell we recommend that you immediately contact our offices at (949) 585-9055 if you’re served with a search warrant. Otherwise, read on to learn more about California search warrants.

Some search warrants aren’t valid at all

You may have scene crime procedural shows that give you an idea that the police must go through certain steps to have a judge approve the search warrant. That said, the search warrant may not be enough for the search they did.

For example, if the search warrant was specifically to find a large item, such as a shotgun, and the police find something in a small jewelry box, we may be able to challenge their evidence and show that their warrant didn’t cover what they found. In other cases, we may be able to show that the warrant shouldn’t have been issued in the first case. It all depends on what you’ve been charged with and what the evidence against you is.

The 4th Amendment is for your benefit

The United States’ Fourth Amendment is there to protect you. It is there to ensure that American’s rights to not have their property illegally searched and seized are kept in place. This is why the police must work to be highly detailed. They must make sworn statements to an officer of the court to review before they can get a search warrant.

If the evidence they present isn’t enough to prove to the officer of the courts that there is probable cause that a crime has occurred, then they won’t get a search warrant. For example, if the police suspect you of a cybercrime but they’re not able to convince a judge that there’s proof of that, then they won’t get their search warrant.

There must be an exact location to be searched

When the police officer presents evidence for a search warrant, they must provide specific information about the exact location they want to search. For example, if it’s a home that they want to search, then they must provide the address of the home. Once the police are in the home or residence that’s been identified, then they can search for the specific evidence they’ve discussed in their request.

Call today to find out if you’ve been issued a legal search warrant or if it’s flawed

When you first start working with a criminal defense attorney, we’ll begin by looking closely at the specifics of your case. This will include scrutinizing not only the evidence against you but the way it was obtained. If we suspect that your home or property was subjected to an illegal search and seizure, then we will challenge it. If we’re successful, the evidence could be deemed inadmissible and the charges could be dropped. Reach out to Law Office of Michael L. Fell at (949) 585-9055 for more information.