One way that police officers gather evidence during criminal investigations is through searches and seizures. These can be conducted in person, in a vehicle or throughout a property. Nonetheless, law enforcement cannot search property or people at random.
In most circumstances, to gain lawful access to property, police officers must have a valid search warrant. What should this look like?
Search warrant requirements
A valid search warrant must be signed by a judge. Generally, officers will present the judge with the evidence they have obtained so far. After that, the judge will decide whether the information provided amounts to probable cause. If it does, then they will sign and issue the warrant.
A warrant is still somewhat limited though. It will usually only be valid for a set period, often between 24 and 48 hours. It should also clearly specify the property to be searched and the items that may be seized. An expired warrant or a warrant naming another address is not valid.
Are there any exceptions?
There are some exceptions to the rule. Officers may search a property if they are given clear consent by the owner to do so. This could be something like the owner saying, “Sure, come in, I have nothing to hide.”
If there are “exigent circumstances,” then officers may also be permitted to enter a property without consent or a valid search warrant. Such circumstances can include when there is clear evidence that a crime is in progress. Or, if the officers have sufficient reason to believe that evidence is being destroyed.
You are protected from unlawful searches and seizures by the Fourth Amendment of the U.S. Constitution. If you believe that your rights have been violated, it will be helpful to seek legal guidance.