Understanding Search Warrants in New Jersey

search filesIf you feel you have been subjected to an improper search of your property, the lawyers at Villani & DeLuca are here to help protect your rights. The 4th Amendment to the Constitution protects individuals like you from unreasonable searches of your property by law enforcement. The attorneys at Villani & DeLuca in Point Pleasant Beach, New Jersey possess the experience and knowledge needed to handle the search and seizure of your property.

Procurement of a Search Warrant in NJ

In order to search your property, the police first must obtain a search warrant. Law enforcement officers must follow the strict guidelines in conjunction with how a warrant is obtained and how the search is conducted or the search may be deemed illegal. In order to obtain a search warrant, the following must occur:

Proper Execution of a Search Warrant

There are a series of steps that law enforcement offers must follow when executing a search warrant:

Illegal Searches

If any of the above steps are not adhered to, the search and any evidence found therein may be deemed illegal. Don’t assume that simply because a search was conducted by a law enforcement officer that it was performed properly. If a search is deemed improper, any evidence of that search may be deemed unlawful and cannot be used as evidence in a criminal trial. Illegal searches include:

Warrantless Searches Under New Jersey Law

If any evidence is seized by police following a warrantless search, the state must prove that the warrant requirement does not apply. Warrants are not needed in the following situations:

There are several exceptions to the need to obtain a search warrant. The state must prove that an exception applies to the search in order for the warrantless search to be considered legal. The exceptions include:

Defending Search Cases

If you find yourself in a situation where you or a loved one has been charged with a criminal offense following a search of property, contact an experienced attorney to fight your case. The attorneys at Villani & DeLuca possess the knowledge and experience needed to properly defend a case involving the search and seizure of property. They can help you in any of the New Jersey coastal communities – from Red Bank to Toms River.  Call today!