Before we get into the details of what entails and illegal search warrant, it is important to understand exactlywhat a search warrant is.
What is a Search Warrant?
In the simplest of terms, asearch warrant is a written order that is issued by a magistrate in the state. This basically gives the individual the right or the authority to search through any property or building and seize it if required. In addition, the individual or the body also has the right to photograph the property or certain sections of the property and bring it to the governing body.
Now that you understand when a search warrant can be issued and what it exactly refers to, it is also important to understand what makes a search warrant valid. A search warrant cannot be issued by the magistrate or peace officer unless sufficient facts are present that act as a cause for its issuance.
There are a lot of procedures to be followed before presenting a search warrant. For instance, a sworn affidavit needs to be created and presented. This affidavit contains a list of facts that establishes the cause of the search warrant. In the case that the search warrant is executed, this affidavit becomes public property and open to everyone.
What is Unreasonable Search and Seizure?
Essentially, this is asearch conducted by a law enforcement officer without using a search warrant. In other words, there is no guarantee that probable cause of the crime being committed is present.
In that case, it is illegal to search a property or an area and count it as a criminal offense. This can be described as being unconstitutional since it violates the Fourth Amendment. What does the Fourth Amendment indicate? This basically gives people the right to be secure in their own area or property against illegal searches or warrants. In other words, this Amendment protects people from illegal intrusions from the government or other related bodies.
In addition to being unconstitutional and illegal, the act of conducting an unreasonable search also indicates that the evidence derived from the property cannot be used as evidence in court.
What Does Qualified Immunity Mean?
This is a form of protection that is given to government employees against being sued by individuals owing to their actions. If the individual is trying to sue an officer that qualifies for qualified immunity, they will stay protected and unharmed. This immunity is given to the officials based on their occupation.
So, what is the solution for people who have been subjected to unreasonable searches? The answer lies in the exclusionary rule. This means, if the government bodies have conducted an illegal or unreasonable search, the evidence collected from the search cannot be used against the individuals. In other words, any evidence gathered by violating the people’s constitutional rights is not presented in court. This is the one remedy that they have to protect their privacy against unlawful searches.
Contact an Experienced Criminal Defense Attorney Today
If you feel that you have been the victim of an illegal search and seizure, it is important to contact the attorneys atAbel Law Firm today. We will ensure your rights are protected and these illegal searches are not admitted as part of the case against you.