Judge-issued search warrants permit officers to enter a specific location to look for signs of criminal activity. Unless they have a valid search warrant, the police are typically not allowed to enter a property without the owner’s permission.
What do Search Warrants entail?
Due to the level of privacy invasion, they cause, search warrants are a collection of legally permitted investigation procedures that would be illegal without the prior approval of a judge. The traditional warrant enables searching for tangible proof of an offence connected to a specific individual in a physical location.
The place-thing-offence-person type of warrant is most frequently obtained under Section 487 of the Criminal Code, but several other federal and provincial acts also include similar search warrant authorities. Even though they are technically known by other titles, such as “production orders,” and are permitted by various sections of the Criminal Code or other statutes, other judicial authorizations are commonly referred to as “warrants.”
The requirements that police must meet to get various judicial investigative authorizations to vary, so failing to defend an authorization before a court on the specific grounds required by the relevant legislation is a common error made by those seeking warrants.
Which are the Challenges to Search Warrants Validity?
It is significant to remember that a police search does not necessarily become legitimate just because a search warrant is in place. The standards for search warrants are fairly detailed. The warrant might not be valid if these conditions are not satisfied. If you have been the subject of a search, you should speak with a skilled criminal attorney who can help you contest the legality of the search warrant that was utilized in your case.
The following are some of the most frequent strategies for contesting the legality of a search warrant:
- Disputes over the veracity of the information the police used to persuade the judge to issue the search warrant,
- The police claim that they had “reasonable and probable grounds” to believe they would find evidence of a crime at the location in question,
- The veracity of the data contained in the search warrant.
What if the warrant for the search is valid?
Even when a search warrant is thought to be legitimate, there is still a chance to contest how the search was carried out. Any evidence obtained as a consequence of the search should not be admitted at trial if the police violated the warrant’s terms or carried out the search in an unreasonable way.
For instance, officers must provide a justification for carrying out a search warrant at night. The intention is for nighttime entries to be the exception rather than the usual. Many search warrants have been successfully contested by the search warrant attorneys at Kisel Law on the grounds that entering at night was improper.
How to get in touch with Kisel Law Criminal Defence Lawyers for e free consultation?
Our criminal defence attorneys in Toronto have a wealth of knowledge when it comes to successfully contesting search warrants. The Kisel Law legal team is equipped with the knowledge and resources necessary to rigorously protect your rights. For a free consultation, contact us by phone at (289)-835-3465 or by email at [email protected].
1. What is a search warrant and when is it required?
A search warrant is a legal document issued by a judge or magistrate that allows law enforcement to search a person’s property for evidence of a crime. It is required when police have probable cause and need authorization to enter private premises or seize property. Without a search warrant, any search conducted may violate a person’s constitutional rights.
2. Can the police search my property without a search warrant?
In certain cases, the police may conduct a search without a warrant if there is an immediate risk of evidence being destroyed, if you give consent, or in situations involving arrest. However, police must have legal justification to proceed with a warrantless search. If you believe your rights were violated, it’s crucial to consult with an attorney to evaluate your case.
3. What happens if the police execute a search warrant at my property?
When the police execute a search warrant, they are legally authorized to search your home, vehicle, or other property for evidence related to a crime. They must follow the terms specified in the warrant. If they seize any evidence, you have the right to challenge its admissibility in court with the help of an experienced criminal defense lawyer.
4. How can I challenge the validity of a search warrant?
If you believe that a search warrant was issued without proper probable cause or that it was executed improperly, you may be able to challenge its validity in court. An attorney can help argue that the search was unlawful and that any evidence obtained should be suppressed. A successful challenge may lead to the dismissal of evidence or charges.
5. What are my rights during a search warrant execution?
During the execution of a search warrant, you have the right to remain silent and not consent to searches beyond what the warrant specifies. Law enforcement is required to show you the warrant upon arrival. It is important to stay calm, ask for a copy of the warrant, and avoid interfering with the search. Contacting an attorney immediately can help protect your rights.