Search Warrants | Provo Criminal Defense Lawyer
Warrants Are Needed in Most Searches
In most instances, Provo police are required to obtain a valid search warrant before they search the property of a criminal suspect. A warrant is a judicial authorization for police action to search a particular place. Requiring authorization of a judge prior to a proposed search affords protection against unilateral action of over zealous police officers. This is why the US Supreme Court has traditionally articulated a preference for warrants though they do provide for exceptions when a warrant is not necessary. If a case doesn’t fall within an exception, Provo police are required to obtain a search warrant before conducting a search.
The basic purpose of the warrant process is to place a disinterested judge between the police and the person the police seek to search. “The point of the fourth amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged int eh often competitive enterprise of ferreting out crime.” Johnson v. U.S.
Warrants and Consenting to Searches in Provo
A warrant must meet certain requirements. They are 1). it must be issued by a neutral and detached judge; 2). police must present to the judge an adequate showing of probable cause supported by oath or affirmation; 3). the warrant must describe with particularity the place to be seized.
Though warrants are needed in most situations, Provo police officers are usually able to bypass a warrant by gaining consent from a person to search his or her property. Many people are convicted of crimes, such as felony drug possession, because they gave officers permission to search. Never give permission to police officers to search your property. Make them receive a search warrant in order to search your property. You don’t have to allow them to search if they ask you. Contact a Provo Criminal Defense Lawyer if they want to search your property.
Provo Criminal Defense Lawyer Protects You From Unlawful Searches
If the police want to search your property without a warrant, or you have been charged with a crime because of evidence obtained from a warrantless search, call a Provo Criminal Defense Lawyer today. A Provo Criminal Defense Lawyer will make sure your rights are protected by finding out if the police followed your constitutional protections. Call 801.800.8246 for your free consultation with an experienced criminal defense lawyer.