Search warrants are common in drug cases. Some people who end up facing drug crime charges in Illinois are in that position because a search warrant was executed on their home or vehicle, for example. Obviously, any time a person is arrested there are many constitutional rights that come into play. The validity of a search warrant is something for defendants in Illinois to scrutinize.
Search warrant basics
What is a search warrant? Simply stated, it is a document in which law enforcement officials must specifically state where they are searching, what they are searching for, what they expect to find and why. And, the document must be signed by a judicial official – basically, signing off on the legality of the search warrant and the intended search.
Criminal law is filled with examples of search warrants gone wrong – from wrong addresses to improper execution of the search, and everything in between. Evaluating the search warrant, if one was involved in your case, is oftentimes one of the very first steps in the overall defense strategy. This is because, if there were violations of your constitutional rights, the entire case might be dismissed.
Every case is different, with widely differing facts involved in any given situation. And, not all drug cases involve search warrants. Building a defense case against drug crime charges is hard enough, but if there is a search warrant involved there is an extra layer that needs to be scrutinized. Be sure to get the right information about your case and how flaws in a search warrant might play a key role in your defense strategy.