How do the police collect evidence to convict a person for a crime? One way involves a search warrant. A search warrant is a court order that allows the police to search a person, home or vehicle to seize evidence.
If you are under investigation for a crime, it is important to understand what a search warrant can and cannot do.
When can the police lawfully perform a search?
Law enforcement cannot receive a search warrant for just any reason. The police must obtain a search warrant from a judge. However, a judge requires probable cause. Probable cause is the reasonable belief to conclude that a crime has been committed and that evidence will be found if a search warrant is permitted.
A search warrant typically does not give the police the power to search wherever or whenever. A warrant has specific conditions on when and where the police can perform a search. For example, the police may be permitted to search a house but not a detached garage. Furthermore, searches often must be done before a warrant expires.
The police can conduct searches without search warrants, but only under very specific circumstances. For example, a person may give law enforcement permission to conduct a search. Or the police may collect evidence in plain view or during an arrest.
What happens if a search has violated your rights?
If a warrant is not properly obtained, or its terms are not honored, a search may be conducted illegally. Evidence collected illegally may be dismissed in court under the fruit of the poisonous tree doctrine. The fruit of the poisonous tree doctrine is just one of the ways defendants can avoid criminal convictions. Professional legal guidance can help people fight criminal charges accordingly.