The findings from a search warrant can turn the tide in any criminal case. If you are facing criminal charges and much of the prosecution’s case hinges on evidence collected from a search and seizure authorized by a warrant, you may be able to challenge the validity of the document in court. By challenging the warrant and suppressing the associated evidence, you could weaken the opposing case and increase your chances of a favorable outcome. Speak with a Memphis criminal defense attorney to discuss your legal options and obtain skilled representation during your case.
What is a Search Warrant?
A search warrant is a legal document that authorizes law enforcement to enter and search certain premises for evidence of a crime. This document can only be issued by a judge or magistrate after being provided with enough evidence that a reasonable person would believe that criminal activity has occurred, is occurring, or will occur.
The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures of property. A valid search warrant is one exception to this rule. The document will outline a specific area that can be entered and searched for evidence.
How Can I Challenge the Validity of a Search Warrant?
If you were arrested based on evidence collected with the use of a search warrant, you might be interested in understanding whether or not it is possible to get the evidence thrown out. The only way to do this legally is to challenge the validity of the warrant.
To challenge a search warrant you must file a motion to suppress evidence, known as a Franks motion. This legal maneuver, named after the Supreme Court case Franks v. Delaware, asks the court for a Franks hearing where you can contest the search warrant and request the court to reconsider its validity.
With the help of your criminal defense attorney, gather evidence demonstrating how the warrant itself or the findings should be considered invalid. The following are some reasons a court may find the warrant or its findings unreasonable.
- The warrant was issued without adequate probable cause
- The warrant was issued based on false statements or misinformation
- The warrant was issued based on outdated information
- The document did not contain a specific enough description of the property that was permitted to be searched or seized
- Law enforcement conducted their search outside the scope of the warrant
If you can provide adequate evidence establishing any of the above during your Franks hearing, you may be able to have the warrant and its findings suppressed. The prosecution will then be unable to introduce the associated evidence in the case. However, if the court deems the warrant valid, the evidence can be presented to the jury.
Reach out to an experienced criminal defense attorney for representation and legal advice during your case.
