The Prosecution Cannot Use Evidence Against You If It Was Obtained Outside The Scope Of A Search Warrant
In the legal world, understanding your rights is crucial, especially when it comes to search warrants and evidence. For accused individuals, the stakes are high. The evidence used against you can make or break your case. But did you know that evidence obtained outside the specific scope of a search warrant might not be used against you? This blog post will guide you through the intricacies of search warrants, the limitations they impose on law enforcement, and how you can protect yourself if those limits are overstepped.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free phone consultation with one of our criminal defense attorneys near you.
The Basics of Search Warrants
Search warrants are legal documents authorized by a judge granting law enforcement the right to search a specific location for specific items. They play a critical role in protecting citizens against unreasonable searches and seizures, as outlined in the Fourth Amendment of the U.S. Constitution. When a warrant is issued, it clearly states the place to be searched and the items sought, keeping the scope and objectives clear.
Police officers are required to stay within the boundaries defined by the warrant. For example, if the warrant authorizes the search for stolen electronics, the officers cannot legally inspect areas where such items couldn’t logically be hidden, like small personal safes or pill bottles. Violating these stipulations could render any evidence found inadmissible in court, protecting the rights of the accused.
However, it’s essential to understand that not all searches require a warrant. In some instances, law enforcement can conduct searches based on probable cause or exigent circumstances. Understanding these nuances can be pivotal for any individual facing criminal charges.
Scope and Limitations of Search Warrants
When officers conduct a search, any deviation from the warrant’s scope can be contested in court. For instance, if they find evidence unrelated to the purpose outlined in the warrant, such as discovering drugs when looking for stolen goods, the admissibility of that evidence can be challenged. This safeguard ensures that citizens are protected from invasive and unwarranted intrusions by law enforcement.
Accused individuals must be aware of the exact terms of any warrant executed against them. Knowing these details empowers them to question the legality of seized evidence, providing a critical defense strategy. If you suspect that your rights have been violated, it’s essential to speak with an attorney who can analyze the warrant’s scope and help you understand your options.
Exceptions to the Rule
While the scope of a search warrant is generally rigid, there are exceptions where evidence obtained outside it may still be admissible. One such exception is the Good Faith Exception. This principle allows evidence to be used if law enforcement officers conducted the search believing the warrant was valid, even if it was later found to be flawed.
The Good Faith Exception is rooted in the idea that law enforcement should not be penalized for honest mistakes made in the pursuit of justice. This exception acknowledges the complexities of legal procedures and attempts to balance fairness with the need to prosecute criminal activity effectively.
Real Life Example: DiMaggio v. Superior Court
In DiMaggio v. Superior Court, the defendant was accused of sexual assault and a search warrant was obtained to search the defendant’s cellphone and tablet. The search executed under this warrant found possible child pornography on the defendant’s phone. The defendant was then charged with sexual assault and possession of child pornography. The defendant moved to suppress the evidence based on the officers exceeding the scope of the search warrant. The search warrant specified a specific time frame from which the phone could be searched (specific dates and times that the videos could be taken from). None of the videos found on the phone had a timestamp. The trial court denied the defendant’s motion to suppress the evidence, concluding that, although the scope of the search warrant was exceeding during the search, the officers were working under the Good Faith Exception.
The defendant then appealed the decision. The appellate court reversed the trial court’s decision, reasoning that the officers knew at the time of the search that none of the material had timestamps yet they continued searching the defendant’s phone. The appellate court concluded that since the officers deliberately disregarded the search warrant’s scope and exceeded the scope, the Good Faith Exception does not apply and the evidence must be suppressed. (DiMaggio v. Superior Court).
How Wallin & Klarich Can Help You
Navigating the complex landscape of search warrants, exceptions, and admissibility of evidence can be daunting for any accused individual. This is where experienced criminal defense attorneys, like our attorneys at Wallin & Klarich, play a crucial role. By leveraging their knowledge and expertise, attorneys can provide invaluable support to individuals facing criminal charges.
Our attorneys at Wallin & Klarich will meticulously review the circumstances surrounding the search, ensuring that law enforcement adhered to legal procedures and respected the defendant’s rights. This thorough analysis can uncover critical issues, such as warrant defects or unlawful searches, that may lead to evidence exclusion.
Additionally, our defense attorneys will work tirelessly to build a strong case for their clients, exploring every potential avenue for challenging the prosecution’s evidence. This dedication to protecting their clients’ rights can significantly impact the outcome of a case, providing hope and support to those who need it most.
Contact Wallin & Klarich Today
If you believe your rights have been violated during a search, you need to contact our criminal defense attorneys at Wallin & Klarich to protect your legal rights. Our law firm has over 40 years of experience fighting for our clients’ freedom. Our attorneys at Wallin & Klarich have helped many clients ensure they receive great outcomes in their criminal cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
Our firm, Wallin & Klarich, has offices all over Southern California: Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Additionally, our law firm can handle many types of cases statewide. Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free phone consultation with a skilled defense attorney near you.
