While search warrants can be beneficial for law enforcement and aid in various legal matters, they can also be detrimental when used incorrectly. If you believe your rights were violated during a search and seizure, reach out to a York County, PA criminal defense attorney to learn how you can fight a search warrant and the resulting evidence.
Can I Deny Entry to Police With a Search Warrant?
No, if police or other law enforcement arrive at your house, place of business, car, etc. with a search warrant issued and signed by a judge, you cannot deny them entry or refuse the search. The warrant gives them the authority to enter the property and search for evidence even without your consent.
It is worth noting that while you cannot prevent the search from happening, the police officers must abide by the terms of the warrant. It will include specific information like the exact property and places they can search as well as the type of evidence and items that can be seized. They generally have a set time frame or hours of the day that they can conduct the search, and it may specify that they do or do not have to knock before entering the property.
How Can I Fight a Search Warrant?
Although you cannot prevent the search from being conducted, you can fight its use in your case. If you are being brought criminal charges and the prosecution is using the evidence collected during the search against you, your attorney can file a Franks motion to fight its use in the case.
When a Franks motion is filed, it means that you and your lawyer request a hearing to determine the validity of the search warrant and the resulting evidence. This gives you an opportunity to collect evidence and information on why the warrant was not valid or violated your rights in some way.
At the hearing, if the judge decides that the warrant is invalid, they can rule that all or some of the evidence obtained during the search be suppressed, meaning that it cannot be used during court or presented to the jury.
How Would a Search Warrant Be Invalid?
Search warrants must meet specific criteria and standards to ensure compliance with the Constitution and other laws. If it lacks in one or more areas it may be enough to convince a judge that the findings are inadmissible.
Below are some reasons a search warrant may be considered invalid.
- It was not requested in good faith, as in the police officer lied or omitted information to obtain the warrant
- It was based on “stale” or outdated information
- There was not sufficient probable cause to justify the search
- The officers did not abide by the requirements and terms of the warrant
- It was issued based on illegally obtained evidence
- It was issued based on unreliable sources
- The scope was too broad and did not include specific enough information
If you can prove any of the above during the Franks hearing you may be able to get the evidence thrown out which could have a drastic effect on the outcome of your case. Work with an experienced attorney for legal advice and representation.
