If law enforcement officials fail to follow the proper process to obtain a search warrant, the search and seizure is invalid, and any evidence obtained during the search is not permitted to be considered as evidence in a case against the defendant. Understanding this process is critically important in protecting your Fourth Amendment right to be from unreasonable searches and seizures.
If a search was performed under a warrant, law enforcement officials must abide by certain legal search warrant requirements prior to searching. Law Enforcement Must Have Probable Cause to Obtain a Search Warrant Search warrant requirements vary from state to state, and a criminal defense lawyer will verify that law enforcement fulfilled these requirements prior to conducting a search.Īnn Arbor criminal defense lawyer Robert Elmen can investigate the circumstances that led to your arrest, challenge whether the warrant was properly issued, and work to have the case against you dismissed or negotiate a favorable plea arrangement. If your criminal defense lawyer can challenge the legality of the search and have this evidence excluded from trial, the defendant stands a much better chance of successfully having the case dismissed or negotiating a favorable plea arrangement. In many criminal cases, the prosecution relies almost entirely on evidence that was seized during a search.
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