How to Attack a Search Warrant

In order for a law enforcement officer to get a search warrant, he or she must ask for the right to search a place and seize an item as evidence of a crime or contraband by either submitting a written and sworn affidavit or providing sworn oral testimony that shows that he or she has sufficient probable cause to believe that a crime was committed.

In general, the warrant on its face must state with particularity the places to be viewed and the items to be seized. Also, the warrant should show the times and dates at which the warrant can be used. It is also a requirement that a copy of the warrant, along with a receipt for the seized property, is left with the person from whom the item or items were seized. If you believe that this procedure was not followed in your particular case, you should contact a knowledgeable South King County criminal defense lawyer for assistance.

The US Supreme Court has long-held that evidence that is confiscated in good-faith reliance on a warrant will not be suppressed. However, the Court further noted that there are certain situations in which a warrant will not protect a search and, accordingly, suppression of that seized evidence will be an appropriate remedy. For example, if the judge or magistrate who issued the warrant was misled by false information that the person who signed the affidavit knew or should have known to be false, suppression of such evidence would be appropriate in that instance. If you need a South King County criminal defense lawyer, please call South King County criminal attorney for a free consultation.

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