The police frequently rely on search warrants as part of their efforts to investigate criminal activity. From drug cases to white collar crime, search warrants of homes, cars, and businesses are commonplace. However, the police do not always comply with the law when it comes to these searches.
If the police unlawfully searched your property, anything they discover could be excluded at trial. This is important, as it could result in the dismissal of your charges or even an acquittal by a jury of your peers.
It is important to remember that even lawfully issued search warrants have limitations. If the police exceed those limitations, your rights have been violated. One of the benefits of working with experienced legal counsel is that they can advise you when you have a viable civil rights claim. Let attorney David G. Moore advise you on how to deal with these circumstances.
Should I Call an Attorney After Being Served with a Search Warrant?
It is in your best interest to speak to an attorney as soon as possible after being served with a warrant. An attorney could review the terms of the warrant to ensure the police comply.
How Do Police Get a Search Warrant?
Obtaining a search warrant cannot be done by the police alone. Law enforcement must go to a judge and provide them with probable cause that a search will turn up evidence of a crime. Only then will a warrant be issued.
Do Police Always Need a Warrant to Search in Kalamazoo?
There are times when the police can search your car or your person without a warrant. For example, they can search your vehicle after your arrest to inventory your belongings.
Do I Have to Consent to a Search?
If the police do not have a warrant to search your person or property, they often ask for permission to conduct a voluntary search. In that situation, you are under no obligation to consent to a search. Once the police have a warrant, they have the authority to search your property against your consent.
What Happens if a Search is Illegal?
If the police conduct an illegal search or seizure, any evidence collected during the course of that search could be thrown out of your criminal case. In some situations, this can lead to a dismissal of the case entirely.
What Happens if I Don’t Comply With a Search Warrant?
You are obligated under the law to comply with a search warrant. The failure to do so 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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