Can Randolph criminal defense attorneys explain what should be included within a search warrant? Of course!
To obtain a search warrant, one must have probable cause of the crime committed and it must be related to the area that they wish to search. When applying for a search warrant, it’s imperative that specific facts are mentioned to search the correct area. If you are unsure of whether a search warrant was properly obtained in your case, you should contact a Randolph criminal defense lawyer to learn more about the requirements needed for a search warrant.
In a recent case brought to the North Carolina Court of Appeals, the defendant argued that the arresting officers did not have probable cause to search his house. In this specific case, the officer who applied for the search warrant made the mistake of not confirming that the residence they searched actually belonged to the defendant.
The application of the warrant only included information that tied he defendant to the crime committed and to the cars to be searched.
It failed to state that the searched residence actually belonged to the defendant, and this is because the officers only arrested the defendant outside of the residence. Therefore, they left out the important fact that it was, indeed, his residence when they applied for the warrant.
The court of appeals ruled that there was only probable cause to search the cars because the application for the warrant failed to connect the defendant to the residence that was search.
Because it was unclear which evidence was found within the cars and which evidence was found within the house, the court of appeals remanded the case for further proceedings. If you think that a search warrant in your case was incorrectly obtained, you should contact a Randolph criminal defense lawyer today. Call the Law Offices of Garrett, Walker, Aycoth and Olson at 336-379-0539; we are here to help!