Valid search warrants allow governmental agents to intrude on a suspect’s privacy by looking through his or her car, home, business place, or some other area. Seizures are allowed for gathering evidence for crimes like drug possession for sales. In addition, assets or property seized are useable evidence only when a warrant was in effect.
- Not Specific – the warrant was not detailed in which area to search
- Police Misconduct – that law enforcement obtained the warrant to search illegally or through deliberate manipulation
- Bias – That the judge executing the warrant was biased rather than objective about the case
Even so, the prosecution can fight back these claims with their own defenses: The prosecution can argue that the search and seizure was reasonable due to extenuating circumstances. This includes that the search and seizure was mandatory to avoid the infliction of bodily injury on someone nearby; that doing otherwise would destroy pertinent evidence; or that a dangerous suspect would elude justice.
Warrantless Searches in Rhode Island
Some searches can be legally conducted without providing a warrant. As an example, searches or inspections can be duly conducted at DUI checkpoints. Other illustrations include security checks, border patrol inspections, or searches at airports that most readers are familiar with.
If you’ve been arrested for a drug crimes or are the victim of an illegal search, contact the RI criminal defense attorneys at 401-272-4001. We will examine your case to determine the best action to take at this point.