Are Search Warrants Necessary for All Searches by Police Officers?
No, but they are necessary for most of them. All search warrants must meet some technical requirements. For example, all search warrants must clearly identify the issuing jurisdiction (Hillsborough County, etc.), contain certain language, and be signed by a judge with authority to sign the warrant. More importantly, search warrants must be based on probable cause affidavits. More on that below.
Unless police officers had a valid search warrant, a Tampa criminal defense lawyer can exclude any evidence seized as a result of that warrant, at least in most cases. Furthermore, a lawyer can exclude indirect invalid search warrant evidence. For example, if officers find a list of accomplices and arrest them, those arrests are invalid. The information was fruit from a poisonous tree. These procedural defenses are very effective in court. Once police make mistakes, they cannot undo them.
Technical Requirements
We shouldn’t dismiss technical search warrant requirements. If the warrant isn’t in the proper format, a judge will throw the warrant out of court before addressing its merits.
These mistakes are more common today. Police officer turnover is very high. New officers often aren’t familiar with the technical nuances in a certain jurisdiction. Not every typo on a warrant, like a comma instead of a period, invalidates it. But if the error is material, a Tampa criminal defense lawyer can exclude the evidence obtained.
Usually, prosecutors can amend defective search warrants before trial. However, in many cases, prosecutors are so busy that they don’t notice minor, yet material, errors until it’s too late to do anything about it.
At that point, the case basically collapses like a house of cards. Prosecutors could go back and start over, but to avoid all that work, they’re usually willing to make favorable plea bargain agreements.
Probable Cause
This standard of evidence is between a preponderance of the evidence (the burden of proof in civil court) and beyond a reasonable doubt (the burden of proof in criminal court).
The reliability of the information in the warrant, not its accuracy, is the key to determining probable cause. A broken clock is accurate twice a day, but a broken clock is clearly unreliable.
Uncorroborated testimony from a paid informant is usually unreliable. This payment could be a promise of leniency in another proceeding or a cash payment. Many people will say almost anything for love or money.
Incidentally, if police officers ever offer you leniency if you “talk,” that’s an empty promise. Police officers don’t have the authority to press or dismiss charges. Only state prosecutors have that power.
The testimony of an anonymous informant is almost as unreliable. If the informant wasn’t willing to vouch for the information, there’s no reason a judge should give it greater weight. Many anonymous informants have mixed motives, at best. They’re usually more interested in getting the defendant in trouble than in bringing about “justice.”
If the information in a search warrant affidavit is unreliable, rather than risk the judge throwing the case out of court, many prosecutors are willing to deal. These deals usually include a reduced charge and/or a shorter sentence.
Work With a Savvy Hillsborough County Attorney
A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. We routinely handle matters throughout the Sunshine State.
Source:
law.cornell.edu/wex/probable_cause
