Understanding the legal process of search warrants is crucial to knowing whether an illegal search has taken place.
Here are important concepts to know.
When Is a Search Warrant Not Legally Required?
- When you CHOOSE to consent to a search.
- A police officer grows concerned for their safety during a routine “pat down”.
- The officer has probable cause, which usually relates to vehicle searches for traffic violations and/or DUI offenses.
- An item or object is in the officer’s plain view.
- An officer has reason to believe that evidence could be destroyed before they have a chance to obtain a search warrant.
- Searches related to a lawful arrest.
How are Lawful Search Warrants Obtained?
- If police suspect someone of committing a crime and feel a search is legally necessary, the officer will then attempt to obtain a search warrant if required by Arizona law.
- Search warrants may apply to your vehicle, home or any other place that potentially incriminating evidence could be stored.
- Based on reasonable suspicions, police must submit a request to an Arizona court stating why the police believe a search is necessary and what evidence they are seeking.
- When a search warrant is issued, it should specify precisely where the officers may search and what types of evidence they are allowed to search for.
- All police searches should be limited to the scope set out by the search warrant.
If you believe that you were arrested after an unlawful search and seizure, our team of Phoenix criminal defense lawyers will fight to protect your legal rights. Schedule a free consultation with us today!
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