There are a plethora of drug charges that Michigan residents can face. In most instances, a prosecution’s case is entirely reliant upon evidence seized by authorities during a search. If this search was conducted via a search warrant, then certain requirements must have been met for the search to be legal. This legal process is critically important to protecting certain rights, and any breakdown in the warrant securing process could render the subsequent search and seizure of evidence illegal. In other words, if a warrant is found invalid and the search illegal, then what would otherwise be seriously damaging evidence may be disallowed from being used against a defendant.
So, what are the requirements to obtain a valid search warrant? In order to obtain a warrant, law enforcement must satisfactorily show a judge that probable cause exists to justify a search. To do so, law enforcement may submit affidavits, accurately and particularly describe the place to be searched, and adequately describe the items to be seized during the search. When making the decision to issue a warrant, a judge will consider the totality of the circumstances, including the likelihood that the items sought will be found in the place to be searched.
Failure to provide the court with accurate and complete information could lead to a denial of issuance. Nonetheless, if a warrant is issued erroneously, or if a law enforcement officer conducts a search without a warrant, absent acceptable exceptions, then an individual’s personal rights may be violated.
For this reason, it is important for those facing drug charges to discuss their situation with an experienced Michigan defense attorney. By analyzing the facts of the case, an attorney may be able to get evidence suppressed, making it more likely that an accused individual will avoid harsh penalties. No outcome can be guaranteed of course, but it is always wise to fully consider one’s options.
Source: FindLaw.com, “Search Warrant Requirements,” accessed on July 17, 2015
