If the cops use a search warrant and find evidence against you, things may not be as hopeless as they seem. Warrants are supposed to be quite specific and there are many rules governing how they can be drafted and used. Sometimes, challenging the validity of the warrant used to carry out a search can end up being one of your most effective defensive tactics. A Montgomery County gun crime lawyer from our firm can tell you more.
Can Factual Errors Affect the Validity of a Search Warrant?
One of the most important things about a search warrant is its factual accuracy. A warrant must be clear about what is being searched for and where. The validity of a warrant can be called into question if there are errors in the warrant itself.
A good example of this would be the address. If you live at 2 Main Street, Apartment 1 and the warrant instead says it’s for 1 Main Street, Apartment 2, the validity of the warrant can be challenged. This is true even if the cops do end up searching the right place after making an error drafting the warrant. You can also challenge the search if the warrant is not accurate about what was being searched for. As an example, if cops were looking for drugs but the warrant said guns, that could be a problem for them.
What Else Can Affect the Validity of a Search Warrant?
There are a few other important factors that can affect a search warrant’s validity. Common issues include:
Scope: A warrant has to be clear about its scope and cops that exceed this scope can be accused of carrying out an illegal search. If a warrant says that cops can search a garage but they end up searching the house too, that’s a violation of the warrant’s scope.
False statements: Cops have to give a judge a truthful justification for why they need a search warrant. If they are found to have lied in order to justify a search, that can make a warrant invalid.
Vagueness: A search warrant should be clear about what is being looked for. Something like “evidence of drug dealing” is too broad and could make a warrant invalid.
What Happens if a Search Warrant Gets Thrown Out?
If a search warrant gets thrown out, that makes the search illegal. Any evidence gathered during that search has to be thrown out as well. It would not be fair for the state to use illegally obtained evidence against you.
If the evidence was a crucial part of the prosecution’s case, this can result in charges being dropped or the offering of a more generous plea deal. It’s worth challenging the validity of a search warrant for this reason.
Meet With a Defense Attorney
If it seems like there’s too much evidence against you and your case seems hopeless, don’t despair. Contact Mudrick & Zucker to schedule a case consultation. If there’s a way to fight back against these charges, we’ll help you find it.
