A search warrant gives the cops the right to search for evidence, but sometimes mistakes are made. In some cases, it’s possible to challenge the validity of a warrant and throw an entire search into question. Our Dallas County criminal lawyers can tell you more about how this can affect a case and the charges against you.
What Can Affect the Validity of a Search Warrant?
There are rules about how to get a warrant and the justifications for getting one. This is why you may be able to challenge the validity of the search warrant if:
Cops lied: The police need to be truthful when asking a judge to sign off on a warrant. If they misrepresented the situation, that could be a violation of your rights.
There are factual errors: Warrants need to be specific and correct. A document’s validity can be challenged if there are any mistakes, like an incorrect address.
Unreliable sources are used: Cops cannot just rely on any sketchy information they get when they want a warrant. If they hear that you committed a crime through a less-than-reliable source, they need to be able to back that up with some other, more compelling evidence before getting a warrant.
Can a Warrant’s Scope Affect its Validity?
Even if there are no errors in the warrant and there is no malfeasance in the process of getting that warrant, there may still be a way to attack its validity. A search warrant is supposed to have a specific scope. The cops are looking for a specific thing in a specific place.
A warrant that is too vague can certainly be challenged. A cop cannot just get a warrant that says they want to look for “evidence of crimes.” They must be more specific about the kind of evidence. A cop can also make a crucial error if they exceed the scope of the warrant while searching. For example, they might get a warrant that allows them to search a person’s car, but then they end up searching the garage as well. They cannot expand the search like this.
Can Evidence Against Me Get Thrown Out if the Warrant is Invalid?
Yes. If the search warrant was not valid, then the search was illegal. If the search was not legal, the evidence found during the search cannot be admitted. This is why challenging the validity of a warrant can be worthwhile.
The evidence found during this bad search could be the chief evidence against you. It could be the backbone of the state’s case. If this evidence is thrown out, you could have the charges against you dropped completely.
Talk to a Defense Attorney
If you want to learn more about how an experienced defense attorney can help you stand up for your civil rights, contact Iowa Defenders. We can schedule a case consultation for you.
