Attacking a Search Warrant

Posted by Raymond Kimble | Nov 10, 2016 | 0 Comments

Evidence Obtained by Police Through a Search Warrant Can be Defeated

In many criminal and DUI investigations, police apply for a court order, commonly known as a search warrant,  in order to obtain powerful evidence which will later be used by prosecutors to get a conviction.  In Arizona, along with every other state, police routinely apply for and get warrants to search homes, vehicles, offices, computers and cell phones for the purpose of furthering investigations involving marijuana and drug related offenses, sex crimes and other violations of the law.  Additionally, police often use search warrants to obtain blood samples from people under investigation for DUI and other vehicular crimes such as manslaughter or aggravated assault.  

Before a search warrant is granted, police must present an affidavit to a judge or magistrate which shows that probable cause exists to permit a court ordered search.  The probable cause requirement originates from the 4th Amendment to the United States Constitution which states:

"the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized."

Generally, warrants and searches conducted pursuant to a warrant are deemed valid.  However, there are several ways to attack evidence  seized by police pursuant to a warrant which could lead to the suppression of important information of charges being dismissed.  A couple of the ways a warrant may be attacked includes an argument that a police search exceeded the scope authorized by the warrant or that the search was not conducted in a timely manner. 

Another means by which evidence obtained by a warrant can be defeated is through a showing that police included false or misleading information in the affidavit provided to the judge or magistrate.  In Franks v. Delaware, the United States Supreme Court stated that when an affidavit is found to have false or misleading information, it must be stricken.  The information remaining in the affidavit must be examined to determine whether probable cause still exists.  If probable cause doesn't exist after the false information is omitted, the warrant is invalid and any evidence obtained by police from the search must be suppressed.  Consequently, an experienced criminal defense lawyer must closely examine an affidavit in cases where search warrants were obtained to determine the truthfulness of any information supplied by police.  This applies to any type of criminal case or DUI prosecution.  

If you have been charged with a crime or DUI in Arizona, contact my office at (480) 833-8613  for a free and immediate consultation.  I have represented thousands of individuals during the last twenty years who have been charged with offenses ranging from DUI and drug offenses to aggravated assault and homicide.  I have also conducted a number of jury trials in the city, justice and superior courts throughout Maricopa County.

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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