QUESTION
Can I challenge the legality of a search warrant?
Asked on Apr 03rd, 2013 on Criminal Law - North Carolina
More details to this question:
My home, drawers, closets, even my daughters bedroom was searched by police. I was arrested and brought into custody. They briefly went over why they searched my place and the search warrant does not sound legitimate whatsoever. Do people ever challenge these and if so, have you seen them ruled as illegal?
11 ANSWERS
A search warrant needs probable cause to be legitimate, and search warrants are often challenged on a variety of legal grounds. It's a highly fact specific question that depends a lot on your house, the wording of the warrant, and other information. You should hire an attorney to review the issue and tell you if it's worth fighting.
Answered on Apr 04th, 2013 at 2:10 PM
John J. Carney
Your public defender will challenge the warrant but it will probably be valid. He will advise you as to your best options.
Answered on Apr 04th, 2013 at 2:10 PM
Michael J. Breczinski
Yes you can. If there is a criminal case that arises out of what ever they go from the raid, then you can ask for the stuff to be suppressed as the fruit of an illegal search.
Answered on Apr 04th, 2013 at 1:27 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that search warrants can be challenged and depending on the facts of the case, may be quashed and the items taken as a result of the search deemed inadmissible as evidence. I strongly suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest and situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Apr 04th, 2013 at 1:08 AM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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Yes, they are challenged and, yes, courts do throw them out.
Answered on Apr 04th, 2013 at 1:06 AM
Hello- To answer your question, the legality of search warrants are challenged all the time as violation of the Fourth Amendment of the US Constitution prohibiting unreasonable searches and seizures. Colorado has a state constitutional provision located in Article 2 Section 7 of it state constitution. A warrant must be based upon an affidavit that describes with particularity facts and circumstances within the officer's knowledge that a crime is occurring or that fruits or instrumentality of crime exist in the home to be searched.
Answered on Apr 04th, 2013 at 12:52 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It's possible, but without knowing the facts or seeing the warrant, I have no idea what your success would be
Answered on Apr 03rd, 2013 at 5:49 PM
Search warrants are often challenged a motion to suppress evidence is the way this is done and if a warrant was issued without valid probable cause, the results of the search cannot be used as evidence.
Answered on Apr 03rd, 2013 at 5:49 PM
Geoffrey MacLaren Yaryan
Search warrants certainly can be challenge. I have successfully done this and if found defective any evidence seized by virtue of the warrant will be suppressed and cannot be used against you in court.
Answered on Apr 03rd, 2013 at 5:48 PM
Criminal Defense Attorney serving Long Beach, CA
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Michael Cernyar
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Absolutely, search warrants are challenged every day and many are won each day. In state court it is called a 1538.5 motion. In federal court, it is called a motion to suppress. You should contact a local attorney to discuss the facts and to determine a strategy.
Answered on Apr 03rd, 2013 at 5:48 PM
Criminal Defense Attorney serving Chapel Hill, NC
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The Law Office of Lynn Norton-Ramirez, PLLC
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Yes. A lawyer can challenge the legitimacy of a search warrant.
Answered on Apr 03rd, 2013 at 5:48 PM