Can I Fight a Search Warrant?
Posted December 12th, 2024.
Categories: Blog.
Your home is likely your safe space, filled with personal mementos and memories. Having a stranger rooting around in your drawers is probably not your idea of a fun time. While Americans are afforded the right to privacy in the Fourth Amendment, law enforcement can search and seize your personal property with a valid search warrant. If you believe that your rights were violated you have several legal options available. With the help of a New Jersey criminal defense attorney, you can fight a search warrant and attempt to suppress the associated evidence in your case. Read on for more information.
Can I Fight a Search Warrant?
The answer to this question is both yes and no. No, when law enforcement shows up at your house with a search warrant signed by a judge, you cannot deny them entry or attempt to fight the warrant before they conduct their search. Because they have the legal documentation required, they have the authority to enter your property and seize evidence without your consent, given that they are following the specifications outlined in the warrant.
However, you can fight the search warrant after the fact. If their search results in the seizure of evidence and you facing charges, you can challenge the validity and constitutionality of the warrant.
How Can I Challenge the Warrant?
You can challenge the search warrant using what is known as a Franks motion. During the process of your case, your attorney can submit a Franks motion with the court which formally challenges the validity of the search warrant and requests a hearing to determine whether or not it is considered constitutional or valid.
During the hearing, your attorney will present evidence including copies of communications, affidavits, witness testimony, and relevant documentation to argue that the search warrant was unconstitutional, violated your rights, was not properly issued, or was not lawfully executed. The prosecution will have an opportunity to defend the warrant and the police’s conduction of the search.
After evaluating both sides the judge presiding over the hearing will make a ruling on whether or not the search warrant should be considered valid or not. If they side with the prosecution, the case will continue as planned. If they side with the defense, however, the case will still continue but the evidence obtained during the illegal search will be deemed inadmissible. A decision like this can significantly impact the outcome of a criminal case, particularly if the prosecution’s argument relies heavily on the information and evidence gathered during the search and seizure.
Do I Need an Attorney?
In any criminal case, you can hire your own lawyer or be appointed one if you cannot afford it. Having legal representation is crucial in any legal proceeding. You will benefit greatly from the guidance and knowledge of your attorney when filing the Franks motion, attending the hearing, and going through trial. It is important that you acquire competent and knowledgeable legal counsel. Reach out to an attorney at the Law Offices of Mark S. Guralnick to set up your no-fee consultation today.
