Can The Evidence Against You Can Be Suppressed Due To An Unlawful Warrant? If So Could You Have Your Charges Dismissed? – Penal Code Section 1538.5(a)(1)(B) 

If you find yourself accused of a crime, understanding your legal rights pertaining to “searches” done by law enforcement can be critical to winning your case. Whether you’re facing an impending search or simply want to be prepared, this blog aims to clarify the process and provide you with the knowledge you need.

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 consultation with our experienced attorneys.

What is a Warrant Search?

A warrant search is a legal procedure where law enforcement officials ask a judge to allow them to search your home or vehicle or office. Warrants are official documents issued by a judge or magistrate that authorize the police to perform specific acts, such as arrests or searches. Understanding what a warrant search entails is the first step in navigating this complex issue.

Types of Warrants

There are several types of warrants you should be aware of. The most common ones include arrest warrants, search warrants and bench warrants. Each serves a different purpose and has its own set of legal implications.

• Arrest Warrants: Issued when there is probable cause to believe an individual has committed a crime.
• Search Warrants: Grants permission to law enforcement to search a specific location for evidence.
• Bench Warrants: Typically issued when an individual fails to appear in court.

Knowing the differences can help you understand what kind of legal action you might be facing.

How the Government Obtains a Warrant

The process by which the government obtains a warrant typically involves several key steps, designed to ensure that the rights of individuals are upheld while allowing law enforcement to carry out their duties effectively.

Application for a Warrant

To initiate a warrant search, law enforcement officers must first submit a formal application to a judge or magistrate. This application includes an affidavit that outlines the evidence supporting the need for the warrant. The affidavit must demonstrate probable cause, which means there must be reasonable grounds to believe that a crime has been committed and that evidence related to the crime can be found at the specified location.

Judicial Review

Once the application is submitted, a judge reviews the affidavit to determine if the evidence presented meets the standards of probable cause. The judge may ask for additional information or clarification before making a decision. If the judge is satisfied with the evidence, they will issue the warrant, allowing law enforcement to conduct the search or arrest.

Execution of the Warrant

After obtaining a warrant, law enforcement officers are authorized to execute it within a specified timeframe. The warrant must be executed in a reasonable manner, and law enforcement officers are generally required to announce their presence before entering a property, unless the warrant specifies otherwise due to concerns about evidence destruction or officer safety.

Challenges to Warrants

Warrants can be challenged on several grounds, providing individuals with an avenue to contest their validity and potentially avoid legal consequences

Lack of Probable Cause

One of the most common challenges is that the warrant was issued without sufficient probable cause. If it can be demonstrated that the evidence presented to the judge was inadequate or misleading, the warrant may be deemed invalid, leading to the exclusion of any evidence obtained during its execution (People v. Lee, 2015).

Defective Affidavit

Another challenge concerns the affidavit submitted in support of the warrant. If there are errors, omissions, or false statements in the affidavit, the warrant may be invalidated. Defective affidavits can undermine the legal basis for the warrant and result in suppression of evidence (Franks v. Delaware, 1978).

Improper Execution

Challenging the manner in which a warrant is executed is another possible course of action. If law enforcement fails to adhere to the conditions set forth in the warrant, such as the time frame or scope of the search, any evidence collected may be considered inadmissible in court (Wilson v. Arkansas, 1995).

Exclusionary Rule

Finally, the exclusionary rule can come into play when contending against a warrant. This legal principle holds that evidence obtained in violation of the Fourth Amendment rights cannot be used in criminal prosecutions. If a warrant is found to violate an individual’s constitutional rights, the evidence collected as a result may be excluded from consideration in court (People v. Rowland, 2022).

California Penal Code Section 1538.5(a)(1)(B) provides individuals with a mechanism to challenge the legality of a search or seizure conducted without a warrant or under circumstances lacking sufficient probable cause. This statute allows any person who has been subjected to such an unlawful search or seizure to file a motion to suppress evidence on the grounds that their constitutional rights were violated. Specifically, the section stipulates that a motion may be made before the trial. If the court finds that the evidence was obtained unlawfully, it will be excluded from the trial. If the prosecutor cannot prove his case without the suppressed evidence then the case could likely be dismissed. This legal provision underscores the significance of adhering to constitutional protections, as it ensures that law enforcement actions are subjected to judicial scrutiny. Your freedom and future could depend upon the outcome of your criminal case. It is vital that you have effective legal representation.

Contact Wallin & Klarich Today

If you or a loved one is facing a criminal case it is critical you reach out to an  aggressive criminal defense law firm who can determine if you legal rights have been violated. This could result in the charges against you being dismissed. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison. We have offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.

Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney.