Search warrants are judicial orders authorizing police to look for certain materials and objects at a predefined time and place. Police can get a warrant by proving that they have probable cause to believe that crimes are occurring (or evidence thereof can be found) at the location to be searched. The police must testify under oath, and if the judge believes that the information provided offers probable cause, a warrant can be issued.
What can be Found and Seized
In the execution of a search warrant, Maryland law enforcement can search only the location and property defined in the warrant itself. For example, the police cannot search a home if the warrant is for the garden, and they cannot search for guns if drugs are specified. However, if other evidence is found, items can be seized.
If the warrant names a person, only that person can be searched, unless there is probable cause to search someone else at the scene. If a law enforcement officer believes that a bystander is involved in a crime, the officer is only allowed to question and search that person.
When a Search Warrant isn’t Necessary
Most searches happen without a warrant, and courts have listed circumstances where the procedure isn’t necessary. If a search is reasonable, or if the involved party cannot reasonably expect privacy, the Fourth Amendment (protection from unlawful search and seizure) does not apply.
Consent to Search
If a person in charge of a building gives voluntary consent to a search, that search is valid and any evidence found is admissible in court. A law enforcement officer does not have to tell people that they can legally refuse to consent to a search, but consent cannot be obtained through coercion or dishonesty.
Plain View
If evidence is in plain sight and a law enforcement officer is legally allowed to be in that location, a warrant is not required for search and seizure. For example, police can only seize drugs if they are in plain view; if evidence is found through an open car window, a warrantless search can be conducted. The “plain view” rule also applies if an officer is in your home for a legitimate reason and finds evidence. Your Criminal Attorney in Salisbury, MD can advise you as to your legal rights concerning search warrants.
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