What Constitutes Probable Cause for a Search Warrant in New York?



    District Court Arrest Warrant court papers with handcuffs and blue pen on United States flag

    Law enforcement officers must have probable cause to make an arrest, obtain a search warrant from a judge, or seize property. The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures. If you believe that you are the victim of an unreasonable search and seizure, it’s imperative to understand your rights. Please continue reading to learn what evidence constitutes probable cause for a search warrant in New York and why connecting with a seasoned Nassau County Criminal Defense Attorney is in your best interest. 

    What Probable Cause is Needed to Issue a Search Warrant in New York?

    In New York, a search warrant is a court order that enables police officers to search a specific location, such as a home, vehicle, or business premises, at a particular time and seize a person’s property without their consent if they believe they have committed a crime. However, before a search warrant can be issued, law enforcement officers must demonstrate probable cause that evidence of a crime or contraband will likely be found in the location to be searched. A judge or magistrate will not sign the document without sufficient evidence to support their beliefs.

    It’s important to understand that a lack of probable cause will render a warrantless arrest invalid, and the court will suppress any evidence resulting from that arrest. This legal document gives law enforcement officers the legal right to search your property and seize evidence of a crime.

    What Should I Do If My Constitutional Rights Are Violated?

    If criminal charges are filed against you, you can challenge an unreasonable search and seizure. It’s imperative to understand your constitutional rights. If the police show up with a warrant, they are only permitted to search the areas outlined in the document that a judge signed. This limits the scope of their search. Therefore, the evidence could be inadmissible if they search or seize property not listed on the search warrant. A criminal defense attorney can file motions to prevent prosecutors from using any evidence unlawfully obtained against you. This can weaken the prosection’s case, maximizing your chances of reduced or dropped charges.

    At Grunwald & Seman, P.C., our experienced legal team knows how to fight back against unlawful searches and seizures. If you believe you are the victim of an unreasonable search and seizure, please don’t hesitate to contact our skilled Nassau County criminal defense attorneys, who can help you understand your options and how to best protect your rights. Allow our firm to effectively represent your interests to maximize your chances of a favorable outcome.

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