A police officer cannot simply demand a search whenever they want to do so. You are protected against an unreasonable search of your person, your own, and your vehicle. Law enforcement officers need a search warrant or probable cause before initiating a search. If they conduct an unlawful search, any resulting evidence could potentially be excluded from a criminal case. Within this article, our Colorado criminal defense attorney explains what search warrants are, how they work, and your rights if you are subject to an illegal search.
Background: The Fourth Amendment Protects You Against an Unreasonable Search
The Fourth Amendment to the United States Constitution protects people from unreasonable searches and seizures by law enforcement. From the perspective of criminal law, your Fourth Amendment rights are among your most vital. To conduct a search, police officers must have probable cause. They either need to:
- Present probable cause to a judge and obtain a search warrant; or
- Assert that probable cause exists and a warrant is not required.
The Fourth Amendment helps to ensure that police searches are conducted with adequate judicial oversight. It protects the privacy and liberty of American citizens By requiring specific, detailed warrants based on credible evidence, the Fourth Amendment prevents arbitrary searches.
What is a Search Warrant?
Legal Information Institute defines a search warrant as “a warrant signed by a judge or magistrate authorizing a law enforcement officer to conduct a search on a certain person, a specified place, or an automobile for criminal evidence.” In other words, a search warrant is a legal document that authorizes law enforcement officers to search a specific location—and, if any is found—seize evidence that is relevant to a criminal investigation. It is issued based on probable cause and must be supported by an affidavit under oath that details the reasons for the search and the items sought. A warrant should generally specify the location to be searched and the types of evidence that are likely to be found and can be seized. Notably, search warrants typically have a number of different limitations that are designed to balance law enforcement needs with Fourth Amendment rights, including:
- Specificity: A search warrant must define the location that is going to be searched and the items that police want to seize if they are found. The specificity principle exists to prevent more general or more exploratory searches. Police need to say what they are looking for.
- Probable Cause: Law enforcement must provide sufficient evidence of probable cause that a crime has been committed and that evidence relevant to the crime exists at the location. Without probable cause, a judicial warrant cannot be granted in Colorado.
- Time Constraint: Search warrants typically have a limited duration in time. They are not indefinite. In effect, this means that the search must be conducted within a specific timeframe to remain valid.
- Scope Limitation: The search is limited to the area and items detailed in the warrant. Anything beyond the scope is generally considered unreasonable.
When is a Warrantless Search Allowed in Colorado?
While police officers in Colorado need a warrant to conduct a pre-planned search, warrantless searches are permissible under several specific circumstances that align with broader federal legal principles. More specifically, officers in Colorado can conduct a search without a warrant if any of the following exceptions apply:
- A person gives consent for a search;
- There is a risk of imminent destruction of evidence; or
- A person is in immediate danger.
Beyond that, a search can be conducted of a person if an arrest is made. If a police officer makes a lawful arrest, they can conduct a search of a person and their immediate surroundings.
Were You Subject to an Illegal Warrantless Search in Colorado? Know Your Options
Do you believe that you were subject to an illegal search in Northern Colorado? Do not physically try to block officers from conducting the search. That could end up getting you into more trouble. You should use legal remedies in order to challenge the search in court. Your lawyer can help. Here is the primary tool to address an unlawful search:
- Motion to Suppress Evidence: A motion to suppress evidence is an essential legal tool to challenge the legality of how evidence was obtained by law enforcement. If evidence is gathered through methods that violate the Fourth Amendment’s protections against unreasonable searches and seizures, a defendant can file this motion in a criminal case. The motion argues that since the evidence was illegally obtained, it should not be admitted in court. If successful, the suppressed evidence is excluded from trial.
Whether or not evidence can be excluded from a criminal case depends on a wide range of different factors, including lack of probable cause. A top-tier Colorado defense lawyer can help you take action to keep illegally obtained evidence out of the case. What happens if you are granted a motion to suppress? If the evidence is especially key to the prosecution’s case, charges could get dropped.
How Our Colorado Defense Lawyers Can Help You Navigate a Search Warrant
Every person accused of a crime is presumed innocent until proven guilty. Prosecutors have the burden of presenting sufficient evidence to prove a defendant’s guilt beyond a reasonable doubt. Relevant evidence in a criminal case often comes from a search of the defendant, their home, or their vehicle. It is imperative that police have a valid search warrant or probable cause when conducting a search. Evidence obtained from an illegal search should not be allowed into court. Our founding attorney Havilah Louise Bruno Lilly and Andrew LeClere help clients navigate search warrant issues in Colorado. We are ready to take action to challenge an illegal warrantless search.
Contact Our Colorado Defense Lawyer for Help With a Search Warrant Issue
At Bruno Lilly LeClere, PLLC, our Colorado criminal defense lawyers are committed to protecting your rights and your interests. If you have any questions about a search warrant, we can help. Evidence obtained from an unlawful search may potentially be excluded from court. Give us a call at (720) 340-1373 or contact us today to arrange your completely confidential, no obligation initial consultation. From our office in Greeley, Fort Collins, and Mead, we provide criminal defense services throughout North Colorado.