“I was wrongly convicted of murder. I spent nearly 17 years in prison fighting my case. When I finally won a new trial, I chose Greg Robey to be a part of my defense team. He found an FBI agent who had worked on the case in the 1980s, along with critical pieces of evidence that we thought were long lost. After a long and very hard-fought trial, I was found Not Guilty of all charges. I owe my freedom to Greg Robey and my defense team.” -R.R., Ravenna, Ohio
The Fourth Amendment was enacted to protect private citizens from unreasonable searches and seizures. According to the Fourth Amendment, no state or federal law enforcement officer can enter and search your home without a warrant. To obtain a search warrant, an officer must first show probable cause. He must then sign an affidavit setting forth the reasons why he believes there is probable cause for a search and present that affidavit to a judge. The judge, after weighing the totality of the circumstances, will issue a search warrant. The area of search must be specific, allowing the officer to search only within the area specified in the warrant.
However, there are many exceptions that allow an officer to search your personal property, including your home or your automobile, without first obtaining a warrant. Here are a few of those exceptions:
The laws governing warrants are complicated. It is, therefore, important to seek professional legal advice when faced with the issue of search warrants.