A Criminal Defense Lawyer in Sacramento, CA Discusses Challenging a Search Warrant

Law enforcement officers must follow a number of rules when it comes to searching a home, car or other property and then seizing items resulting from their inspections. Authorities must submit a written and sworn affidavit or provide sworn oral testimony to obtain a search warrant. A criminal defense attorney in Sacramento CA can explain the sworn affidavit or testimony must show probable cause that a crime was committed and request authority to search a property and seize items believed to be instruments related to the offense.

The warrant must identify particular places police want to search and the items they want to take into custody. It also will state on what days and times the warrant may be executed. The person who owns the property that is seized must be given a receipt of what police took into custody.

The U.S. Supreme Court has ruled evidence will not be suppressed if it was seized in good faith reliance on a warrant. There are four situations where this doesn’t apply. A criminal defense attorney in Sacramento CA can explain that evidence seized in a search can be suppressed if the judge who issued the warrant was misled by information in an affidavit that the person signing it knew it was untrue.

Another situation is when a judge decides to participate in the search and tells the officer to seize items not noted on the warrant. A third circumstance is when an affidavit’s probable cause is so flimsy its existence is considered completely unreasonable. Finally, if the warrant fails to identify the place to be searched or the items to be seized then, therefore, police reasonably can’t believe it is valid.

Search warrants can be fought if they were executed illegally. If you need legal assistance in a criminal case, call Param Pabla, a criminal defense attorney in Sacramento CA, at (916) 285-7900.