Search Warrants: What Are They and When Are They Issued?

A search warrant allows the police to conduct a search of a very specific area to gather evidence of a crime. For example, the police may search your house if they have a search warrant from a judge to gather evidence of drug possession, or they may search your computer if they have a warrant to gather evidence of online fraud.

Judges who issue search warrants only do so when the prosecutor via the police can show probable cause that there was criminal activity, and that evidence of that crime may be at the requested search area. 

Police don’t always need a warrant to search an area. In most cases, police can search cars without a warrant. 

In some cases, evidence gathered from a search warrant may not be admissible in court because the search warrant was illegally obtained or the police did not get a search warrant in the first place. 

Your defense lawyer can file a motion to suppress the evidence that was abstained during an illegal search. Having this evidence disregarded in court could be just the thing to getting criminal charges against you dropped.

What Exactly Is a Search Warrant?

A search warrant is a court-issued document that allows the police to enter a specific area and search that area for evidence of a crime. 

A search warrant includes an affidavit by the police acknowledging that there is probable cause that a crime was committed and that evidence of that crime exists at the search area.

Search warrants are supposed to specify the search area or place and the items that may be seized as a result of the search warrant.

Police can only carry out search warrants between 7:00 a.m. and 7:00 p.m. unless there is good cause to allow a different time. Search warrants are usually good for 10 days from the date of issue.

Search warrants are one of the different types of warrants that are issued by a court.

Can Police Search Without a Warrant in Nevada?

There are a few scenarios that allow the police to search without a warrant and the search still be considered legal. The most common situations are:

1. Exigent Circumstances: In emergency situations police can usually search without a warrant. This applies even at someone’s residence.
2. Hot Pursuit: If a criminal flees the scene of the crime  and enters another property to try and escape, police do need a warrant.
3. Consent: If you agree to a search the police do not have to get a warrant. A good attorney will advise you to never consent to a search without a warrant.
4. Traffic Stops: If the police stop a car for a traffic violation, they usually do not need a warrant to search the car if they believe that the car contains criminal evidence or contraband.
5. Arrest: If someone is arrested the police have the right to search their person or body and the immediate surrounding area. This is usually to search for weapons that may affect others’ safety.

Can I Refuse to Let the Police Search My Home ?

The only way to refuse a search warrant is if the police don’t actually have one and no warrant exceptions don’t apply. If the police have a valid search warrant, then the person the warrant was issued against must comply with the search warrant. 

Failing to do so may result in the police breaking into the search area and using reasonable force to execute the warrant.

Can I Refuse to Let the Police Search My Car?

You can try but the police can go and search your car anyway without a warrant as long as probable cause exists that a crime has been committed. 

This is called the automobile exception to the warrant requirement.

For example, if the police pull you over for a traffic stop for speeding and smell marijuana then they can search your car. A broken tail light does not rise to the occasion of probable cause to search a vehicle.

Can the Police Search Me Without a Warrant?

Police have to have reasonable suspicion that criminal activity is happening. 

Reasonable suspicion has a lower bar set than probable cause. Police typically never get a warrant prior to searching a person.

Can I Challenge a Search Warrant?

Search warrants are usually carried out and the only real way to get out of it is to file a pretrial motion to suppress evidence. This motion usually argues that the evidence collected was gained through an illegal search and therefore the evidence is tainted and should be disregarded.

If the warrant to search was a valid warrant and carried out legally than the motion to suppress should focus on other things like:

1. The warrant over reached the boundaries needed 
2. The warrant was procedurally wrong in some way
3. The affidavit of reason for warrant was not included

If the police did not have a warrant the no “warrant exception” existed that permitted the police to conduct a search.

If the motion suppress succeeds, the judge in the case will throw out all the evidence obtained during that particular search. Without this evidence the prosecution’s case may be weakened. The prosecution may decide to dismiss the case if they no longer have sufficient evidence to prove guilt beyond a reasonable doubt.

Can I Read a Search Warrant Before Allowing the Search?

Yes, you have the right to read the search warrant and it is to be presented to you at the time of the search. 

However, the police are not required to wait until you finish reading it before they begin searching.

What Are the Other Warrants Issued by the Court?

There are a ew different warrants that are issued by the court other than a search warrant.

1. Bench warrant: A bench warrant is issued by a judge and is issued because someone failed to appear in court or they have failed to follow court orders.
2. Arrest warrant: An arrest warrant is issued by a judge or magistrate and is issued to have someone who is suspected of a crime arrested. The police must have probable cause before arresting someone.

Need Legal Help? Hire The Defenders

If you have been charged with a crime in Nevada, call our Las Vegas criminal defense team at The Defenders for a consultation to discuss your options and what to expect. You may not be able to speak with a lawyer before a search warrant is carried out but hiring a defense attorney after can have your legal team file a motion to suppress the evidence before the trial begins. 

This is where having a defense team that knows how to file a motion to suppress becomes invaluable. If done wrong, it could backfire on you and lead to consequences that can affect you for a long time if not forever.

The Defenders have been defending Las Vegas residents for decades and have an expert knowledge of the court system. Our team has established relationships with the prosecutors, police, and court staff in Clark County. 

Our team is dedicated to achieving the best possible outcomes for our clients. We will aggressively and strategically defend your rights based on the evidence and circumstances at hand. If you have received a search warrant and are facing criminal charges, contact The Defenders today.