{"id":1034,"date":"2018-09-21T17:56:33","date_gmt":"2018-09-21T17:56:33","guid":{"rendered":"https:\/\/www.delewislaw.com\/blog\/?p=1034"},"modified":"2018-09-21T17:56:33","modified_gmt":"2018-09-21T17:56:33","slug":"the-3-elements-of-a-valid-search-warrant","status":"publish","type":"post","link":"https:\/\/www.delewislaw.com\/blog\/the-3-elements-of-a-valid-search-warrant\/","title":{"rendered":"The 3 Elements of a Valid Search Warrant"},"content":{"rendered":"

Your Fourth Amendment right permits you to a certain degree of privacy, and in most cases, law enforcement must obtain a warrant in order to legally perform a search and seizure event on your home, office, storage unit, car, or anywhere else you would have a reasonable expectation of privacy. So when being presented with a search warrant by law enforcement, you\u2019ll first want to make sure it is a valid one. <\/p>\n

There are three things to look for on a search warrant to have this assurance. Continue reading to learn what they are, as well as, what you should do if you are charged with a crime following a search and seizure.<\/font><\/h2>\n
\"Criminal

Indianapolis Criminal Defense Law Firm 317-636-7514<\/p><\/div>\n

Search Warrant Process<\/font><\/h1>\n

All search warrants must be filed in good faith by a law enforcement officer, and they must include reliable evidence that shows probable cause to search a premises. Aside from this fundamental requirement, a valid search warrant will have 3 specific elements: a magistrate\u2019s signature, a description of the premises to be searched, and a description of the items to be seized.<\/p>\n

❶ Magistrate Signature<\/font><\/h2>\n

Before a search warrant can go into effect, it must be approved and signed by an impartial magistrate of the law. A valid search warrant will have a magistrate\u2019s signature on the document. If this is not present, it is not likely a valid search warrant. <\/p>\n

❷ Description of Premises<\/font><\/h2>\n

A search warrant must also always state the where the search is to take place. If there is no description on a search warrant of an area law enforcement want to search, they cannot legally perform the search. A description does not have to be detailed though; it can be as simple as an address of a residence or building. However, if a cop has a search warrant for a storage unit, they cannot also search the person\u2019s vehicle; they would need a separate warrant for that search. <\/p>\n

❸ Description of Items to Be Seized <\/font><\/h2>\n

Not only must a search warrant contain a magistrate\u2019s signature and a description of the premises to be searched, it must also specify which items are to be confiscated. There are some exceptions to this rule. For instance, law enforcement can confiscate certain contraband, such as illicit drugs, if they are in plain sight, even if they are not listed on the warrant.<\/p>\n

What Happens if You Resist a Search<\/font><\/h1>\n

There are several complexities involved with an officer\u2019s right to perform legal searches without warrants, so you may be confused on whether or not your 4th Amendment right applies. In fact, a person can potentially be arrested and held in custody for resisting a search. If you believe you were unfairly searched, you can always file a claim afterwards that alleges a violation of your rights. Talk to a licensed Indianapolis criminal defense lawyer<\/a> to learn your rights and get help with your case. <\/p>\n

Indianapolis Criminal Defense Law Firm<\/strong><\/h2>\n

\"David

David E. Lewis Attorney at Law 317-636-7514<\/p><\/div>Call Attorney David E. Lewis at 317-636-7514<\/strong> to schedule a free initial consultation to discuss your white collar criminal charges. We work around the clock to ensure your rights are protected and your freedoms are preserved. You can avoid the maximum penalties for your charges with our aggressive legal representation! Call 317-636-7514 to get started, today. <\/p>\n","protected":false},"excerpt":{"rendered":"

Your Fourth Amendment right permits you to a certain degree of privacy, and in most cases, law enforcement must obtain a warrant in order to legally perform a search and seizure event on your home, office, storage unit, car, or … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[274,64,547,546,545,544],"class_list":["post-1034","post","type-post","status-publish","format-standard","hentry","category-criminal-law","tag-indianapolis-criminal-defense-law-firm","tag-indianapolis-criminal-defense-lawyer","tag-search-warrant-elements","tag-search-warrant-facts","tag-search-warrant-law","tag-searches-without-warrants"],"_links":{"self":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1034","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/comments?post=1034"}],"version-history":[{"count":5,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1034\/revisions"}],"predecessor-version":[{"id":1040,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1034\/revisions\/1040"}],"wp:attachment":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media?parent=1034"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/categories?post=1034"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/tags?post=1034"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}