A Union County criminal attorney can explain that law enforcement must submit a written affidavit or have sworn oral testimony before a judge will issue a search warrant. This warrant must meet several key requirements.
The evidence that law enforcement presents must demonstrate that the officer has probable cause to believe that a crime has been committed. Additionally, the affidavit must request that the court provide law enforcement with a warrant to search the specific location where potential evidence of a crime or contraband would be located. The warrant must provide specific details about the place that is permitted to be searched and the items that are being sought. Additionally, the warrant must state when the warrant should be executed.
Good Faith Exception
There is a good faith exception that allows evidence to be seized if it was taken in good faith reliance on a warrant. However, a Union County criminal attorney can explain that the Supreme Court of the United States has held that there are several times when this exception will not prevent the suppression of evidence. For example, the exception will not apply when the magistrate who issued the warrant was misled by information contained in an affidavit that the person who supplied the affidavit knew was false. Another time when the exception will not apply is when the magistrate participates in the search and directs officers to seize items not included in the warrant.
If you would like more information on search warrants, contact a Union County criminal attorney from The Khan Law Offices by calling 704-774-6426.