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Understand search warrants in criminal cases

On Behalf of | May 14, 2022 | Criminal Defense

For some criminal cases, the evidence obtained plays a primary role in the outcome of the case. All evidence that’s present in the case must be collected in a lawful manner. When a person’s Fourth Amendment rights are violated, any evidence that was collected during that violation isn’t able to be used in court. 

In most cases, police officers need to have a search warrant if they’re going to search somewhere to size property. There are several things that anyone involved in the criminal justice system should know about search warrants, searches, and seizures.

When do police need a search warrant?

There are a few situations in which police officers don’t need a search warrant. These include when a person gives them permission to search an area and when the search occurs in a situation that justifies the need to avoid waiting for a search warrant. For example, police may search for a gun after a person is arrested. 

Police officers can also conduct a search without a warrant if there isn’t any expectation of privacy. For example, something in a trashcan wouldn’t be considered private, but something in a home would be considered private. This would mean the police officers likely wouldn’t need to have a warrant to go through an outdoor trashcan, but they would need the warrant to search within the home. 

Anyone who’s facing criminal charges should ensure they understand their rights and responsibilities as they go through the criminal justice process. There are many factors to consider when you’re developing your defense strategy. Taking the time to consider all options can help you to have the best strategy for your needs. You should do this quickly, so you aren’t struggling to put something together at the last second.