When the cops get a search warrant for your home or vehicle, there are protocols that have to be followed. If they make a mistake or ignore the rules, it’s possible to challenge the validity of a warrant. Having evidence against you is not enough. Law enforcement has to find that evidence in the right way. A New Jersey sex crimes attorney from our firm may be able to help you if you believe that police acted improperly and your rights were violated.
Can a Search Warrant Be Too Broad?
One common issue with search warrants is that they can be too broad. A warrant is supposed to be specific. If a cop suspects you of committing a crime, then they should have a good idea about what kind of evidence to look for.
A warrant cannot just say that the cop is looking for evidence of a crime occurring. It would have to offer more details. A search can be carried out if a cop expects to find drugs or a weapon, but the police cannot just go on a fishing expedition and try to find absolutely anything that could be suspicious.
What If Cops Lie to Get a Search Warrant?
You can also challenge the validity of a search warrant if you think that the cops lied to get it. The police need to convince a judge to sign off on a search. If they do this by lying about anything or submitting false statements made by others as evidence, that can get the entire search thrown out.
What Else Can Get a Warrant Thrown Out?
There are a few other ways to challenge the validity of a warrant. A document with factual errors, like the wrong address or type of evidence being searched for, can be rendered invalid by the court. It can also be considered a bad search if a cop goes beyond the scope of a warrant. An example of this would be if a warrant says that they can search a garage, but they also search a suspect’s home.
What Happens if a Warrant is Deemed Invalid?
It’s rather simple actually. If the search warrant is not valid, then the search itself wasn’t valid. So even if the cops found a mountain of evidence, it cannot be used against you if it was found during a bad search.
This is one way the system protects your civil rights. There are rules about searches and they must be followed. Successfully questioning the validity of a search warrant can help you get evidence, and possibly an entire case against you, dismissed. At the very least, this could result in the prosecution offering a more favorable plea bargain.
Schedule Your Case Consultation
So if you have been charged with a crime and there is significant evidence against you, do not give up. Contact the Law Office of Boyd & Squitieri to schedule a case consultation. We can tell you more about your legal options and defensive tactics that might help with your case.
