Understanding Police Warrants: When Can They Search You or Your Property?

There’s an assumption that if you don’t want the police searching you or your property, you have something to hide. That could not be further from the truth—we do not live in a police state, and you should not be expected to give up all rights to privacy just to prove your innocence. Police use people’s desire to prove their innocence against them, often leading to people willingly giving up their rights. It is crucial that you know your rights and how to protect them if they are violated. Working with a police misconduct attorney should be your first step.

At the Law Offices of Dale K. Galipo, we are passionate about representing clients from across the

country in police misconduct cases. Police overreach in the United States is at an all-time high, and we’re here to help those whose concerns would otherwise be suppressed. Let’s talk about your case more; call us at 818-347-3333 now.

Types of Warrants

There are several types of police warrants that individuals may be subject to, depending on which state they’re in. Arrest warrants allow law enforcement to arrest someone based on the order of a judge, generally as the result of a crime or a violation of a court order. Probation violation warrants are issued when someone on probation violates the terms of their agreement and must answer for the violation in court. No-knock warrants, which are illegal in a number of states, allow police to enter a premises without announcing themselves.

The warrants in question here, though, are search warrants. These give police the permission to search a specific individual or location because they have probable cause to believe that criminal evidence will be found there. Many cases handled by police misconduct lawyers are the result of searches conducted without warrants or without reasonable cause.

Conditions for Issuing a Warrant

The primary condition for a search warrant is probable cause. In order to get a judge or magistrate to sign off on a search warrant, law enforcement must show a reasonable belief based on information that a crime occurred and that the search they want to conduct will result in useful evidence. A search warrant must be specific and limited to prevent broad searches that are essentially fishing expeditions. Broad search warrants, or blanket search warrants, are those that give law enforcement free rein to search a wide area without looking for any specific item or type of evidence. They are largely considered unconstitutional and evidence collected during these searches are often excluded from investigations. Those targeted by unconstitutional warrants often benefit from the assistance of a police misconduct law firm.

What to Do If You Are Searched

If the police serve you with a search warrant, stay calm and avoid panicking. Failing to cooperate or acting erratically around the police could escalate the situation and lead to an arrest. Look over the search warrant and read it carefully so you know what they are allowed to search and what they are looking for.

Document everything. Take note of the names and badge numbers of the police conducting the search and once the search is done, take a few minutes to write down your observations. You may want to take note of anything they said or any attempts to go beyond the limits of the search warrant.

If you feel like your rights were violated at any point in this process, it’s important to reach out to a police misconduct attorney right away. Unreasonable search warrants are often used by unethical law enforcement officers to fish for evidence.

Common Misconceptions

One common misconception, likely due to police procedural shows, is that search warrants must always be physical. Technology is a crucial component of police work nowadays, and search warrants can be issued and verified electronically.

One misconception that comes up is that you can refuse a search warrant. Technically, you can refuse to comply with a valid search warrant—but you’re likely to be arrested and charged, and the police will ultimately conduct their search anyway.

Finally, some people believe that complying with a search without a warrant shows that they have nothing to hide and that they are innocent. Police will find and use whatever they can, so even if you’ve done nothing wrong, allowing them to search you or your belongings can only hurt you.

Explore Your Legal Options With Our Police Misconduct Law Firm

At the Law Offices of Dale K. Galipo, our team of police misconduct lawyers strive to protect your rights and freedoms. Start your case assessment now by contacting us online or calling us at 818-347-3333.