When you hear a knock on your door, the last thing you may expect is the police standing there with a search warrant. However, this does happen so understanding your rights in these matters is critical. Unfortunately, many are unfamiliar with what makes a search warrant valid, which can leave them vulnerable to their rights being infringed upon. The following blog explores the circumstances that make a search warrant valid and how an OKC criminal defense lawyer can assist you in these complicated matters.

What Is a Search Warrant and What Makes One Valid?

One of the most important protections given to citizens of the United States is protection from unreasonable searches and seizures as shielded by the Fourth Amendment of the Constitution. Essentially, this means the police cannot simply knock on your door and enter your home for evidence related to a crime without having a search warrant allowing them to do so. To obtain a search warrant, the police must seek permission from a judge based on previous evidence and reasonable doubt they have collected against you. It’s also important to note that the warrant will have parameters that restrict the police to specific locations of your property, and the police must remain in those locations.

To be legally valid, a search warrant must meet four specific requirements. These are:

  • The warrant is filed in good faith
  • The warrant is based on reliable information that leads to probable cause
  • The warrant is issued by a neutral entity
  • The warrant contains parameters regarding where law enforcement may search

It’s important to note that the police do not always need a warrant to conduct a search. If they have your consent, believe a crime is actively occurring, or see something in plain view, they can search the property.

How Do I Challenge the Legality of a Warrant?

If you have had a police search carried out against you but believe the search warrant used was invalid, you may feel as though there is nothing you can do. While invalid warrants are not common, it’s important to understand your legal rights in these matters.

The most important thing you can do is discuss the circumstances of the unlawful warrant with an experienced criminal defense attorney. They will examine the case to determine if the search was illegal and if so, fight to have the situation rectified.

If your attorney can prove that the warrant was invalid, you’ll find that you may be able to have the evidence collected from the warrant deemed inadmissible in court, as it was technically obtained illegally. As such, this can help your case as it takes the prosecution’s case against you.

As you can see, these matters can be incredibly complicated, which is why it’s in your best interest to enlist the Jones Law Firm for help during this time. We understand how jarring it can be for the police to enter your home and charge you with a crime, especially if there is an issue with the warrant. We will do everything possible to help you fight for justice during these trying times. Connect with us today to learn more.