Charlotte Criminal Lawyer Blog
Search Warrants in North Carolina
People have a reasonable expectation of privacy in their everyday lives. Although generally you can expect to go about your life in private, there are times when police may have the right to conduct a search. If a search is conducted improperly, you may be able to exclude anything they found as evidence against you in a criminal case. A knowledgeable criminal defense attorney will help you defend charges and assist in resolving matters that include illegal searches.
What is a Search Warrant?
North Carolina law defines a search warrant as “a court order and process directing a law-enforcement officer to search designated premises, vehicles, or persons for the purpose of seizing designated items and accounting for any items so obtained to the court which issued the warrant”. In short, a search warrant allows law enforcement to legally conduct a search. The search may be of your home, vehicle, or other property you own. A search warrant must provide a description of the place to be searched as well as exactly what is to be seized.
Who Can Issue a Search Warrant?
Search warrants are issued by members of the judiciary, enabling law enforcement to conduct a search legally. To obtain a search warrant, law enforcement must submit the proper request along with adequate information to a judge or magistrate. In many cases, the police request a search warrant on an emergency basis. They may be waiting at an address or at a traffic stop and need to have a warrant to proceed. In these instances, there is a designated person in the jurisdiction who is able to review the details of the request and grant a search warrant.
When Can Search Be Done Without a Warrant?
There are some instances when a search may be completed without a search warrant. Law enforcement may conduct a search without a warrant in any of these circumstances:
- The person consents to a search
- Evidence is in plain sight
- As part of an arrest
- In exigent circumstances
- As part of a pursuit or emergency
The police are allowed to search your person if they are arresting you. If the police stop you for a traffic violation and see evidence of a crime (such as drugs or a gun) from their legal view, they are within their legal rights to conduct a search of the vehicle. If someone is fleeing police and enters a home, the police have the right to follow them into the property.
Illegal Searches
A search is illegal when the police do not follow the law and do not obtain a search warrant or have a valid exception that applies to the situation. When a search is done illegally, evidence that was collected as a result of that search should be deemed invalid. Your attorney may file a motion to suppress such evidence in your case. In many instances, if the evidence cannot be used, the prosecutor may not have enough other evidence to prove charges against you. If that happens, the state may decide to drop or reduce charges. Keep in mind that there could be other evidence that may still be used.
If you feel that a search was done improperly, you may be able to keep some evidence out of your case. To learn more, contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 today.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_15a/Article_11.html
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https://www.freeimages.com/photo/documents-1427202
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