Police Misconduct Resulting in an Illegal Search Requires the Assistance of a Search Warrant Attorney in Phoenix, Arizona

We hear the term "search warrant" used on television, in movies, and on the radio, but few can actually say what the phrase means nor the allowances or limitations of a search warrant. The Fourth Amendment of the United States Constitution addresses the issue of search warrant limitations and was specifically designed to protect the rights of private citizens from unlawful search and seizure. Unlawful search and seizure was perpetrated by the British, against the colonists in late 18th century America. The judicial goal of search and seizure laws is to protect the privacy of individual citizens, while allowing the reasonable pursuit of criminal justice and public protection. The failure of this goal is usually centered on police misconduct when the authority for the search is granted in spite of a lack of probable cause and acted upon by the police.

About Search Warrants

A search warrant is an order signed by a judge, which gives the authorities the limited right to search a specific place for a specific object or materials. A search warrant is issued after the District Attorney or police authority in Arizona conveys to the judge, that there is "probable cause" to believe that the use of the search warrant will produce evidence. In the event the limitations of a search warrant are overreached, an attorney in Arizona may be required to remedy the situation. The search warrant will be limited to what it states can be searched during what time the search must be conducted. The federal "fruit of the poisonous tree" doctrine states that when evidence obtained as a result of a Miranda violation, in turn leads to other evidence, all evidence obtained is inadmissible.

Probable Cause
Probable cause requires more than just a suspicion or hunch on the part of the authorities, but rather facts substantiated through viable investigation. Probable cause is established through testimony of a police officer or citizen under oath who provides reliable information about the person, place, or things in question. This affidavit requires articulate information that would cause a reasonable person to believe that a crime has been or is being committed and that evidence of that involvement can be found within the object of the search.

There are several situations where a search warrant may be avoided by the authorities without constituting police misconduct or an illegal search. Examples include: your consent to a search (by consenting, you are waiving your constitutional protections), Plain View doctrine, searches made in connection with an arrest, car searches, a search necessary to protect the public and prevent imminent destruction of evidence, or a criminal fleeing the scene of a crime.

As long as the police act in good faith in the supervening search, the evidence and contraband seized will be held admissible in a court of law. In the event of an illegal search or other police misconduct, an experienced and aggressive search warrant attorney in Arizona will be able to call evidence obtained into question, and may be successful in having the court dismiss the evidence all together. Our attorneys have experience working on the side of the prosecution, and this knowledge will play an important part in the analysis of your particular situation. A defense will be based on the specifics of the search and the initial probable cause for the search warrant. A place or person is considered private in the event that privacy is reasonably expected by the collective conscience of society.

What if I am served with a search warrant?

If you are served with a search warrant, you should politely ask for the person in charge, ask to see their identification, and ask to see a copy of the search warrant and its affidavit. You should also make sure the search conducted does not exceed the terms of the document and you should make sure to take notes of the search. Do not do anything that might be interpreted as obstruction. Calm monitoring and note taking can be helpful to recall what took place, when you meet with an attorney later. Do not grant requests that go beyond the scope of the search warrant. You are not required to answer questions, and are encouraged to exercise your right to remain silent. You are not required to offer assistance and you may contact an experienced search warrant attorney in Arizona to discuss your situation. You are entitled to get an inventory of any items that are seized, but you should not sign anything verifying the contents or accuracy of the inventory sheet. You should also note the time that the search was completed.

Knowledge is your best asset when facing a potential illegal search or police misconduct. Through the experience of a qualified and successful search warrant attorney in Arizona, you will be defended vigorously and aggressively. The rights guaranteed under the United States Constitution and the Constitution of Arizona are clear- you have an inalienable right to privacy and the protection of these right will be paramount in our eyes.

If you believe you may have been the victim of police misconduct or an illegal search without a warrant, contact an attorney at our Phoenix, Arizona.