Unless you give law enforcement permission, they must have a search warrant to search your home, car or even you. While search warrant is a term that most of us have heard of, many people do not fully understand what it entails. Here is a more in-depth look at what a warrant is and why they are needed.
What is a Search Warrant?
A search warrant gives law enforcement the permission they need to search your property. Unless police can visibly see an illegal item, you have consented to a search, the public is in immediate harm, or you have waived your right to be searched, such as when you are on probation or parole, a search warrant must be signed off on by a judge. The judge must determine whether there is probable cause to search your home, car or person in connection with a crime that police believe you may have committed or been involved in.
Why is a Search Warrant Needed?
The 4th amendment protects people from unreasonable searches and seizures. Requiring law enforcement to obtain a search warrant before searching helps to ensure that this amendment is being followed. A judge will determine whether a search and seizure is reasonable or unreasonable. If it is reasonable based on the evidence and witnesses, a judge will sign off on the search warrant, allowing police to search. If it is not reasonable, a judge will not sign off on it, and the police will be unable to search. If police search without a search warrant, or if without your consent, anything they find will be inadmissible if you go to trial.
What Should You Do if Police Have a Warrant to Search?
If the police have a search warrant to search your car, home or person, there is nothing you can do. You are legally allowed to ask to see the search warrant and verify it is signed by a judge. Outside of that, you can no longer stop or prevent the search. Your best option is to peacefully allow them to search, without raising a ruckus or fuss. If you try to obstruct them from searching, they do have the right to arrest you. Unfortunately, if they find anything in connection with the case when they are searching your home, car or person for, they may immediately arrest you and take you into custody as well.
Following a search, you or a loved one may be arrested. If you are arrested, bonding out may be the fastest way to get out of jail. At Free at Last Bail Bonds, we are fully committed to reuniting families. If you or a loved one needs our services, we are here for you 24 hours a day at 404-577-2245.