How to Challenge the Validity of a Search Warrant?

A search warrant is a document issued by a judge or magistrate that allows police to conduct a search and seizure of an individual’s personal property. Though the Fourth Amendment protects individuals from unlawful searches, the warrant is issued based on probable cause that there is evidence of criminal activity present at a specific location. If you were arrested based on evidence obtained from a search warrant you may be able to challenge its validity and have the evidence suppressed depending on the details of your circumstances. Contact a skilled Haverstraw criminal defense attorney to learn more about your legal rights and options.

How Can I Challenge the Validity of a Search Warrant?

Challenging a search warrant can be a daunting process but if your rights were violated in any way it is crucial that you fight against the findings. Consider the following steps required to object to its validity.

1. Consult with a lawyer: During any criminal case you should hire an attorney, but it is especially important when you wish to challenge the prosecution’s evidence. Discuss whether or not there is a chance of proving that the warrant was invalid or that the search was unlawful.
2. File a motion to suppress: With the help of your lawyer, you can file a Franks motion. Born from the court case Franks v. Delaware, the motion is to challenge the validity of a search warrant and suppress evidence obtained from the search.
3. Collect evidence: You need evidence to back up your claim that the warrant is invalid. With the help of your attorney, collect documentation, affidavits, witness statements, and other information that can help prove that the warrant is inadmissible.
4. Attend the hearing: The prosecution will likely contest the Franks motion and a hearing will be scheduled to allow both parties to present their case as to why the warrant should be deemed valid or invalid.

The presiding judge will consider the evidence and arguments presented by both sides and determine whether or not the search warrant was issued and conducted lawfully or not. If it is deemed valid, the prosecution can use the evidence collected during the trial. However, if it is deemed invalid, the evidence will be suppressed meaning it cannot be presented to the jury.

When is a Search Warrant Invalid?

Because search warrants allow law enforcement to invade an individual’s Constitutionally protected privacy, it is crucial that the entire process is above board. If any of the following is true, a search warrant could be considered invalid.

• Lack of probable cause
• False statements or omissions made to obtain the warrant
• Search conducted outside of the scope of the warrant
• Old or outdated information used to obtain the warrant
• Inadequate description of the property to be searched or seized

Getting the evidence procured during a search suppressed can prove greatly beneficial in your trial. The prosecution’s case could have hinged on the information collected during the illegal search so you will likely have a better outcome if the warrant is considered invalid. Discuss your case with a lawyer today to learn more about your options.