Most people know that law enforcement officers need a search warrant to enter and search a home or business without the permission of the owner or occupant. People have a right to be given the warrant. However, while they’re reading it, officers or agents have the right to begin their search.
When handed a warrant, most people aren’t sure what information it needs to include to be valid and how that warrant typically limits the extent of the search and what items can be “seized” or taken, if any.
Required elements of a search warrant
First, a search warrant must have a judge’s or magistrate’s signature to be valid. That means law enforcement must convince a judge there is “probable cause” or a reasonable belief that there’s evidence of a crime in the location to be searched.
Further, the exact address of the location to be searched, if there is one, must be on the warrant. It’s crucial to make sure that’s accurate. Police can and do show up at the wrong address sometimes, which can lead to tragic outcomes. The warrant may also state that only certain parts of a location can be searched. For example, it may specify only the inside of a home but not the yard or other outside areas.
A warrant needs to say something about what can be seized. It may list specific items, such as electronics or documents, or more generically refer to items the police believe to be evidence of criminal activity. Officers can also typically seize anything in “plain sight” as long as they see it while they’re in an area covered under the warrant.
Finally, it’s important to note the date and time the warrant was issued. Warrants are generally valid for just 48 hours.
When a warrant isn’t required
There are limited circumstances in which officers don’t need a search warrant to enter a premises. For example, if they reasonably believe someone is at risk of harm or that evidence is being destroyed, those are considered “exigent circumstances” that allow officers to enter a property without permission.
Officers can’t just claim exigent circumstances when there aren’t any, however. If they aren’t, any evidence found can be ruled inadmissible.
All of this can be a lot to remember amid the stress and chaos of being presented with a search warrant. That’s why it’s critical to get legal guidance as soon as possible to protect your rights and ensure that no wrongly obtained evidence is used against you.