The Ramifications of an Invalid Search Warrant
The Fourth Amendment provides certain protections for citizens. Namely, in order for a lawful warrant to be obtained for search and seizure, the officer or official seeking the warrant must first establish probable cause rising to the level that satisfies the issuing judge.
If a warrant is too broad or doesn’t identify specific individuals or items, it may be considered invalid. In some cases, a warrant is issued without probable cause to indicate that evidence of a crime is present, has occurred or is about to occur. In more egregious cases, law enforcement may conduct an ‘unreasonable search and seizure’ without a search warrant at all.
In such situations, a defendant who has been subjected to an unreasonable search and seizure is typically unable to effect legal remedy against an officer due to ‘qualified immunity’ doctrine that protects governmental employees.
However, defendants served an invalid warrant can use provisions under the ‘exclusionary rule’ to have any evidence illegally obtained to be suppressed in court.
If you feel like a search warrant was made in bad faith, without proper probable cause or that your rights were violated, give us a call to discuss your case.
