Search Warrant Issues A Fort Worth Criminal Attorney May Challenge
A search warrant gives police authority to search for specific evidence, but that authority has limits. In Texas, a search warrant generally must be supported by facts establishing probable cause, and the application must identify the place or item to be searched with enough specificity. When evidence obtained through a warrant becomes part of a criminal case, the defense can examine the warrant itself and the information officers relied on to obtain it.
Problems With The Warrant Affidavit
The affidavit supporting a search warrant is an important place to start. It should provide facts connecting the suspected offense with the location or property officers want to search. A Fort Worth criminal attorney can examine that connection and identify gaps that may undermine the probable cause presented to the magistrate.
Police May Go Beyond What The Warrant Allows
The defense can also look at what officers actually did once the warrant was executed. A warrant authorizing a search of a particular place does not give police unlimited authority to search anywhere they choose. The wording of the warrant can help show the boundaries of the authorized search, and the defense can compare those terms with the officers’ actions.
If police searched an area or seized property outside the authority granted by the warrant, that conduct may give the defense grounds to challenge the resulting evidence. The analysis depends on the wording of the warrant and what happened during the search.
The Information Supporting The Warrant May Be Too Weak
A warrant application needs more than broad conclusions about suspected criminal activity. The facts presented to the magistrate should provide a reasonable basis for believing evidence connected to the alleged offense will be found in the place to be searched. A defense lawyer can study the affidavit closely to see how officers made that connection and if the supporting information was specific enough.
A Warrant Challenge Can Affect The Evidence Available At Trial
When a warrant has a genuine legal problem, the defense may ask the court to suppress evidence obtained through the search. The impact can be significant when prosecutors rely heavily on what officers found. Working with a Fort Worth criminal attorney gives the accused someone who can examine the warrant before that evidence is accepted at face value. A successful challenge can prevent improperly obtained evidence from becoming part of the prosecution’s case and change what prosecutors are able to present at trial.
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