What is a search warrant?

A search warrant is a judicial authorization to search, whether it’s a resident, an automobile, a business, a warehouse, a boat, a plane. Search warrants don’t know minor searches. In other words, if there’s a search warrant that authorizes a search, the agents or the police can literally destroy whatever they’re authorized to search. I’ve seen police come in and destroy homes, bust holes in walls, destroy cars, destroy boats. It’s a free-for-all, in most instances. So, it’s essential that your lawyer understand how to attack search warrants that are defective, or are faulty, or that contain false information, or have material omissions that were not presented to the judge in an affidavit to try to convince the judge that there’s probable cause. And then the judge signs the warrant. If a warrant’s been executed, and criminal evidence has been seized, it’s up to your criminal defense lawyer to try to challenge the search and to get the fruits of that search from being admitted as evidence against you in court.

By Jeffrey S. Weiner, P.A.