Police officers generally need a search warrant before they can enter a property and gather evidence. The only exceptions to this are if the owner consents to the search or there are exigent circumstances (a legitimate emergency).
For a search warrant to be valid, several factors must be present. These are as follows:
The warrant must be based on probable cause
A warrant cannot be based on a hunch. It also cannot be based on unreliable evidence, such as hearsay. For the police to conduct a lawful search, there must be probable cause. This means that there is compelling evidence that a crime has been committed.
To obtain a warrant, the police will present their evidence to a magistrate. The magistrate will then determine whether or not there is probable cause. A warrant may be invalid if no probable cause was established.
The warrant should be detailed
It is also essential that the warrant contains specific details. For example, the warrant should clearly name the property to be searched. The same warrant cannot be used for multiple properties unless they have specifically been named. If there is an error in the address, then the warrant may also be invalid.
The warrant should also clarify the types of property that may be seized. This could be electronic devices, vehicles, bags, etc. If property has been seized without being itemized, then the search may be deemed unlawful.
To prevent unnecessary interference with privacy, warrants should also have a timeframe. Often this is between 24 and 48 hours, but a warrant isn’t valid forever.
You are protected from unlawful searches by the Fourth Amendment of the U.S. Constitution. If you think that your rights have been violated, then it may be time to seek legal guidance.