Andrew H. Stevenson, Attorney At Law
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October 2015 Archives

The Police Had a Warrant to Search My Home, Was it Valid?

Most searches conducted with a search warrant are valid. There are, however, instances in which a search even though conducted with a warrant may be unconstitutional. The most effective way to challenge the legality of a search warrant is to question the truth of the underlying facts contained in the affidavit submitted by the law enforcement officer who requested the warrant. Some searches may also be deemed unconstitutional because law enforcement did not follow the terms of the warrant. This may include failure to search the correct location, failure to search at the correct date or time, or the search was beyond the scope permissible by the warrant. Challenging the validity of search warrant is a very technical and you should contact an experienced criminal defense attorney to review the facts of your case and determine if the warrant search was legal.

The Police Searched My Home or Car, Was it Legal?

Every day police search vehicles and residences. This evidence gathering plays a significant role in the criminal justice system. However, there are rules that establish how, when, where, and why police may conduct searches of vehicles, residences, and even persons. In the event law enforcement violates one of the rules or a person's constitutional rights in the process, there are consequences.

What is a Search Warrant?

A search warrant is a written court order signed by a judge that authorizes a law enforcement officer to search a home, car, container, or person. In order to obtain a warrant, a law enforcement officer submits a request with an affidavit to a judge. In the affidavit the officer states the facts he believes justifies probable cause for the judge to issue the warrant. The judge reviews the officer's request and affidavit, and if he believes probable cause exists to justify a search, then the judge will issue a search warrant.

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