One of law enforcements greatest assets in the war on crime is the use of search warrants. Search warrants enable the police to enter someone’s home and search it for various types of contraband so long as they obtain a search warrant which has been signed and approved by a judge. read about privacy rights in hotels In order for the police to obtain a search warrant, they must show a judge that they have probable cause to believe that contraband will be found in a defendant’s home. If they can do that, then they are granted a search warrant.
If a search warrant has been granted by a judge, and contraband has been found in the house by the police, a defense lawyer can file a Motion to Suppress read about illegal searches here the evidence retrieved by police as a result of the execution of the search warrant. A Motion to Suppress is a motion filed in Court, where the defense argues that the police did not make out probable cause in the warrant that contraband would be found in a defendant’s home. A judge deciding the motion, should review and analyze the search warrant to see if the police laid out enough specific facts showing that they had probable cause to believe that illegal contraband would be found in the defendant’s home. If the defense wins the motion, then all evidence seized by the police is deemed inadmissible against the defendant.
One of the tricks that police try and do during the execution of the search warrant is to try and get the defendant to speak to them about what is in his house. Many defendant’s believe that the police have to read them their Miranda rights before they can ask them questions, however, this is not always the case. A defendant only has to be read his Miranda rights before questioning if he is in custody. Generally Courts have found that a defendant is not in custody if he is in his own home and not under arrest.