In many criminal Cases in New York, the prosecution relies heavily on evidence that was obtained during a search of the defendant’s home. However, for this evidence to be admissible in court, the police must have followed specific procedures to obtain it. If the police fail to follow the necessary procedures required under the Fourth Amendment to the United States Constitution, a judge may deem the search warrant invalid and will exclude the evidence from being presented in court. This can make it much more challenging for the prosecution to prove their case, potentially leading to reduced or dismissed criminal charges. Please continue reading to learn the requirements for a search warrant, what makes a search warrant invalid, and why connecting with our knowledgeable Nassau County Criminal Defense Attorneys is in your best interest.
What Makes a Search Warrant Invalid in New York?
It’s important to understand that the Fourth Amendment of the United States Constitution protects Americans from unreasonable searches and seizures conducted by law enforcement. Essentially, this means that the police cannot show up at your home or search you for evidence of a crime unless they have consent to do so or obtain a search warrant.
A search warrant is a legal document that is signed and issued by a judge, authorizing law enforcement to search for a certain person, a specified place, or a motor vehicle for criminal evidence. A search warrant is a prerequisite, designed to protect an individual’s reasonable expectation of privacy against unreasonable governmental physical trespass or other intrusion.
To obtain a search warrant, police officers must show the judge that probable cause exists, meaning they believe that the suspect has committed a crime or that they will find evidence of criminal activity based on reliable information. This is achieved by submitting an affidavit that outlines the police officer’s observations or information obtained from others that give the offer reason to believe criminal activity is occurring. To be valid, it must meet the following elements:
- Must be filed in good faith by a law enforcement officer
- Must be based on reliable information showing probable cause to search
- Must be issued by. neutral and detached magistrate
- Must state specifically the place to be searched and the items to be seized
While a search warrant is required, keep in mind that there are certain circumstances in which a warrant is not necessary to execute a search. For instance, if an individual gives the police permission or they see something illegal in plain view, they don’t need to obtain a search warrant.
How Can a Lawyer Challenge the Validity of a Warrant?
If you believe that you are the victim of an unlawful search and seizure, it’s in your best interest to connect with an experienced Nassau County criminal defense attorney who can fight on your behalf to have the situation remedied. The first action is to file a motion to suppress evidence on the grounds it violated your Constitutional rights. If the court finds the evidence was obtained illegally, it will be deemed inadmissible in trial.
As you can see, the requirements for obtaining a valid search warrant are strict and law enforcement must comply with them. If you are facing criminal charges, please don’t hesitate to contact KCS Law, as our legal team is prepared to fight for your rights.
