Rhode Island Search Warrants

A search warrant is an order issued by a judge that gives police permission to search your property. It is generally used as a way for police to gather information about a suspect in a criminal investigation. If a search warrant has been issued for your property, or if you are concerned that this may happen, you need an experienced Rhode Island expungement attorney like James Powderly.

How Search Warrants are Obtained

To get a warrant for your home, workplace, car, or other property, police officers attend a hearing with a judge. All they need to do is show reasonable cause to search your home. The evidence they can submit at this hearing includes:

• Testimony from themselves, witnesses, and/or other officers
• Physical evidence that may link you to a crime
• Anything you have said or done that may implicate you

Unfortunately, you do not get to be present at this hearing, which means you cannot offer a defense against the officers’ evidence. Your chance to challenge evidence found during a police search comes later, before your trial. If you and your Rhode Island defense lawyer are able to convince the judge that the search was unwarranted, any evidence it produced may not be used in your trial.

What Search Warrants Say

Of course, permission to go through another person’s things is a privilege that can be abused. To help prevent this kind of incident, search warrants contain very specific information about:

• The area that can be searched (for example, if you live with another person, his or her bedroom or other private areas may not be searchable if the warrant only names you)
• The hours during which the search may be conducted
• The kind of evidence for which police will be searching (a certain weapon, drugs, etc)

Police may seize illegal objects they happen to find during the search even if these objects are not listed on the warrant. However, police cannot take items that are not illegal or listed.

Contact Us

If you have been a victim of an unfair police search, Rhode Island illegal search and seizure attorney James Powderly can help. Contact our offices at 401-662-9006.