A search warrant allows a law enforcement officer to search you, your home, place of business, car or other specified area where it is suspected that there is evidence of illegal activity. There are circumstances that allow a police officer to undertake a search without a warrant, such as if you give your permission, upon your lawful arrest or other specific exceptions. If evidence of illegal activity is found, the officer may seize your property.
In order for a search warrant to be valid, there must be probable cause to suspect that criminal activity has occurred and that evidence of that activity is likely to exist in the place described in the warrant. It must be issued by a judge who reasonably believes that the warrant is valid. There are limitations as to where a law enforcement official may search and these are outlined in the warrant. If the boundaries of the warrant are not followed, anything found or seized is not admissible as evidence. The police must follow a strict procedure when executing a search warrant. If these procedures are not followed, a violation of your rights has occurred.
Tough representation by a skilled criminal defense attorney may be able to prove that the search and seizure of your property was unconstitutional. Any charges against you based on evidence found under illegal circumstances could be dismissed.