Michael DiCindio | May 7, 2015 | Criminal Procedure
Search Warrant – What is required and how is one challenged
Drug cases, gun cases and many other countless cases in the criminal system begin with a search warrant. At times, some of these cases also end with a search warrant. If a search warrant is involved in a criminal case, a criminal defense attorney should review the warrant in depth and with a fine tooth comb for all potential flaws and/or legal deficiencies.
Before a search warrant is approved, a law enforcement officer must allege facts in an affidavit of probable cause. The evidence and facts in support of a warrant must lead to the conclusion that probable cause exists to believe the items the officers are looking for are connected with criminal activity and that the items will be found in the place that to be searched under the warrant. If a neutral judge finds that probable cause exists – the search warrant will be approved.
Within the request in the warrant – the items/person being sought and the place to be searched must be described with particularity. Meaning, there should be nothing left to the discretion of the officers when they are describing the “things” to be seized AND it should give the officers ample information and description in order to allow them to identify the things and places to be searched and seized. “General” warrants are frowned upon in our system.
As a criminal defense attorney, it is important that whenever a warrant is involved in a matter, all portions and documents of the warrant must be obtain and reviewed thoroughly. If any of the requirements of the rules and constitutional protections governing the issuance of warrants seem to be lacking a motion should be filed to address this matter before the Court. If the warrant is found to be legally deficient or defective and no exception to the warrant requirement is present – the remedy may be suppression of the evidence seized.
If you or a loved one has a criminal case involving a search warrant, call West Chester Criminal Defense Lawyer Mike DiCindio to schedule your free consultation.
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.
Mike DiCindio is a criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale as well as in Montgomery County, Lancaster County, Delaware County, Philadelphia County, Bucks County and Berks County.
Contact Our Criminal Defense Law Firm in West Chester, PA
If you are facing criminal charges and need legal help, contact the West Chester, PA criminal defense lawyers at DiCindioLaw, LLC to schedule a free initial consultation.
DiCindio Law, LLC
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West Chester, PA 19382
(610) 430-3535