Search warrants are a common part of criminal investigations by the police. When law enforcement believes that evidence of a crime can be found in a person’s home, vehicle, or business, they have the ability to ask a judge for permission to conduct a search.
The police rarely give advanced warning before executing a search warrant. In the aftermath of having a search warrant, it can be difficult to know what to do next. Having an attorney you can rely on in these situations is invaluable. Your attorney could help you protect your rights and ensure the government does not overreach when it comes to the search or seizure.
Just because the police have a warrant to search your property does not mean they have a right to ask you questions. If law enforcement attempts to interrogate you during the course of a search, remember that you are under no obligation to comply.
Should I Call an Attorney After Being Served with a Search Warrant?
It is always a good idea to speak with legal counsel after being served with a search warrant. If possible, it would benefit you to talk to an attorney while the search is ongoing. Your lawyer could advise you on your rights.
How Do Police Get a Search Warrant?
The police do not get to decide when they search your property. Instead, they must have probable cause that evidence of a crime is available. When they find probable cause, the police must petition a judge to issue a warrant that allows them to perform the search.
Do Police Always Need a Warrant to Search?
There are times when the police can conduct a search without a warrant. If the police witness a crime or believe there are exigent circumstances, a warrantless search is possible. The police also have the right to search and inventory a car after towing it from a traffic stop.
Do I Have to Consent to a Search?
If the police have a warrant to search your property, there is nothing you can do to stop them. However, you have the right to refuse consent if the police do not have a warrant. Often, law enforcement will imply that they are entitled to search your home. If they don’t have a warrant, they will generally need your consent.
What Happens if a Search is Illegal?
If the police search parts of the property that were not covered by the warrant, they could provide grounds with excluding that evidence from trial.
What Happens if I Don’t Comply?
Failing to comply with a search warrant could result in additional criminal charges.
You can contact us through our website or call our office at (269) 808-8007 to schedule a free initial consultation.
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Portage, MI 49024
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Grand Rapids, MI 49506
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