Arizona Search Warrant Defense Specialty Attorneys

Phoenix Criminal Lawyers For Clients Arrested with Search Warrants

Many people who have faced a criminal prosecution have dealt with the issues surrounding a search warrant. A search warrant is an element of criminal procedure that is usually required for the police to gather evidence against a criminal suspect. However, there are many technicalities and intricacies that surround a search warrant in Arizona, and anyone who could be facing such a situation would be well-served to understand some of the basics when contacting an Phoenix criminal defense lawyer.

Below you’ll find information regarding how a search warrant is properly obtained in Arizona, what search warrants allow in terms of acceptable execution of them, exceptions to the search warrant requirement, potential challenges to evidence seized by a search warrant and finally how you should proceed if you are facing the possibility of being prosecuted for a crime in Arizona.

How a Search Warrant is Obtained in Arizona

A search warrant is usually sought when the police suspect someone of a crime and want to search their property, their workplace, their vehicles or some other place where they can legally store information and keep it from others. Police and investigators obtain a search warrant by providing a statement and/or an affidavit to a judge or magistrate that states their reasons for the necessity of the search warrant and what they are generally looking for in terms of evidence.

Assuming that the search warrant request is approved and issued, the order issuing the search warrant is supposed to clearly state what the police are allowed to look for, where they are allowed to look and which people they can search in certain circumstances. Simply put, search warrants are supposed to be somewhat limited in what is allowed during the search so that police are not granted access to anything and everything they feel like searching.

Exceptions to the Search Warrant Requirement in Arizona

Over time, situations have developed that have led to case law both in Arizona and in federal court that have laid out different scenarios where seeking a search warrant is not necessary. Below is a brief list of some of these exceptions:

• Searches incident to arrest
• Inventory searches of vehicles before being impounded by police
• Searches conducted where the individual provides consent
• Probable cause searches of vehicles, usually during traffic stops
• During a patting down process where a police officer has safety concerns
• Situations in which evidence could be destroyed quickly

It seems that the number of exceptions to the search warrant rule has grown in recent years, and the language provided in these exceptions provides some latitude for police that can be challenged later in court.

Challenges to Evidence Obtained with a Search Warrant

Much as the number of exceptions to the search warrant has grown over time, so has the number of challenges and types of challenges made to the admissibility of evidence obtained with search warrants. Basically, if a challenge to a search is successful, the evidence obtained with that search warrant will generally not be admissible in court.

Below are a few examples of challenges to evidence obtained with a search warrant:

Search Exceeded the Scope of the Warrant

As stated above, most search warrants are somewhat particular in terms of what can be searched, what evidence can be sought, what locations can be searched, what people can be searched and the like. If police search in areas or for things that are not part of the reason that the search warrant was obtained, it could be seen as exceeding the scope of the warrant and could lead to the evidence seized being thrown out.

Situation Did Not Amount to an Exception to the Search Warrant Rule

One of the trickier aspects to the exceptions to the search warrant rule is that deciding which situations do not require a search warrant are largely subjective. If the defense argues that the facts of the situation simply did not amount to an exception, the judge could agree and decide not to allow the evidence seized.

Fruit of the Poisonous Tree

Another legal doctrine to keep in mind is known as ‘Fruit of the Poisonous Tree.’ What this means is that if evidence is illegally seized either because of a problem with the warrant or because a warrant was necessary and not obtained, any evidence discovered beyond that starting point could also be thrown out if it would not have otherwise been discovered but for the illegal search.

How an Phoenix Criminal Defense Lawyer Can Help

The laws surrounding search warrants are grounded in the Fourth Amendment of the Constitution. If you are being investigated for a crime and want to be sure to properly protect your rights, contact the Phoenix criminal defense lawyers at the Hock Law Group today to schedule an initial consultation.