How to Challenge a Search Warrant in Wisconsin
Defending your rights by suppressing unlawful evidence.
When the police search your property with a warrant, it might feel like you have no options. However, search warrants aren’t always bulletproof, and challenging them can be a critical defense strategy. If a search warrant was issued improperly or executed in violation of your rights, any evidence collected could be suppressed, meaning it can’t be used against you in court.
Common Grounds for Challenging a Search Warrant
There are several reasons a search warrant might be invalid:
Lack of probable cause – A search warrant requires the police to show there’s probable cause that a crime was committed and that evidence of the crime is at the location being searched. If the facts don’t support this, the warrant could be invalid.
Stale information – The facts presented to get the warrant must be timely. If the information used to secure the warrant is outdated, the warrant can be challenged.
Errors in the warrant – Sometimes, the warrant itself contains mistakes, such as the wrong address or an overly broad description of what can be searched and seized.
Improper execution of the warrant – Even if the warrant is valid, police must follow specific rules when carrying it out. If they violate those rules, such as conducting a search outside the authorized scope, the warrant can be challenged.
Why It Matters
Challenging a search warrant can have a significant impact on your case. If the court agrees that the warrant was flawed, any evidence collected as a result of the search can’t be used against you. This can lead to dropped charges or a more favorable outcome in your case.
At The Law Offices of Sydne French, we understand the complexities of search warrants and how to challenge them effectively. If you believe a warrant in your case was issued improperly, we can help you fight to protect your rights.
