What many people are not aware of in New York state and throughout the country are their rights when it comes to law enforcement and criminal procedure. People who are not aware of their rights may have a more difficult time when it comes to the arrest. Search warrants allow a police officer to conduct an investigation of the premises. The premises can be a house, place of employment, motor vehicle or another place of employment.
The police officer is only permitted to search the areas that they have a warrant for. There are a few requirements for a search warrant application in order for it to be valid. Search warrant applications don’t always have to be written. They can also be oral applications but they must be sworn upon and recorded for reference. It may actually take place over a telephone conversation with a judge. If any property is seized during the warranted search, law enforcement must create a receipt that itemizes all items taken.
If a search was done to your property but there was not a search warrant, the evidence found during that search may not be used in a court case. If you believe that there was no warrant when your property was being searched, you should consult with an experienced criminal defense attorney because this can make a big difference in the outcome of your case.
If you are in need of experienced and dedicated legal counsel, please contact The Penichet Firm and we will be happy to assist you in your family or criminal law matters.