The Fourth Amendment protects U.S. citizens against unreasonable search and seizures by law enforcement officers and other government agencies. Since Americans possess the right to privacy in their homes, police officers must have a valid search warrant authorized by a judge to search a person’s property. However, there are certain situations where law enforcement is authorized to execute a search and seizure without a warrant.
Law enforcement can only conduct a legal search and seizure if they have probable cause an offense occurred or is currently happening and follow specific procedures under Minnesota law. An officer that does not have probable cause or fails to follow these rules and regulations is conducting an illegal search and seizure, which violates the offender’s Constitutional rights.
If you have been searched without probable cause, contact criminal defense lawyer James Blumberg today. You do not have to tackle your allegations alone.
Apple Valley Search Warrants Attorney, MN
If you believe you were the subject of an illegal search and seizure, it’s imperative that you contact an experienced criminal defense lawyer. Attorney James Blumberg at James Blumberg Law has handled various criminal offenses ranging from felonies to misdemeanors for more than a decade. He can investigate whether the search was unlawfully conducted and utilize his legal knowledge to suppress the evidence.
James Blumberg serves clients all throughout the state of Minnesota and surrounding areas including Eagan, Hastings, Lakeville, Mendota Heights, Rosemount, Grove Heights, and Lakeville. Call (952) 431-7758 to obtain a free and confidential consultation. Attorney Blumberg is familiar with Minnesota’s laws and will protect your rights.
- What is a Search Warrant?
- Minnesota Search Warrant Laws
- When Can Law Enforcement Search Without a Warrant?
- Additional Resources for Search Warrants in Minnesota
A search warrant is a court order issued by a judge or magistrate which authorizes police officers to search a person’s home or property. The process begins when an officer drafts an affidavit explaining why a search warrant is necessary. A judge will review the document and if officers have enough probable cause they will permit the search operation.
In order to obtain a search warrant, law enforcement must show the judge that they have “probable cause” to believe that a crime occurred at the specified location. Probable cause is when a police officer has a reasonable suspicion, supported by facts or specific circumstances, that a crime has or will take place. If the judge doesn’t believe there is a valid probable cause, they have the right to reject the warrant.
Different types of search warrants in Minnesota may be executed under certain conditions. According to Minnesota Statutes 629.14, police officers may conduct a “no-knock search warrant” only between the hours of 7 a.m. and 8 p.m. unless the court determines that a nighttime search outside of those hours is necessary. A “no-knock search warrant” is defined as a search warrant that authorizes peace officers to enter certain premises without initially knocking and announcing their presence.
There are several requirements for a no-knock search warrant. Under Minnesota law, the warrant must include the following:
- Documentation and materials the issuing court requires
- Why the law enforcement officer is utilizing a no-knock search warrant and cannot detain the suspect or search the residence by utilizing a knock and announce warrant
- What investigative activities have taken place to support issuance of the no-knock search warrant
- Whether the warrant can be executed during the hours of 7 a.m. and 8 p.m.
- A sworn affidavit
It’s important to note that a no-knock search warrant cannot be issued when the only crime alleged is possession of a controlled substance unless there is probable cause to believe that the controlled substance is being used for something other than personal use.
Law enforcements have the right to search an individual’s home, vehicle, or property only under certain circumstances. Courts have recognized the following as valid exceptions to the warrant requirement:
- There is a demanding circumstance such as the need to immediately perform a search when an emergency situation is present (e.g. life and/or safety is at risk).
- There has been a prior intrusion into a constitutionally protected area and there is something illegal in plain sight. In a scenario such as this, police officers have the right to conduct a search without a warrant.
- An individual has been arrested and therefore a police officer can search his or her belongings without a warrant.
- An individual voluntarily grants consent for a search and waive their rights under the Fourth Amendment.
- There is reasonable belief known as the plain view or plain feel doctrine that the evidence of a crime might be found inside of the arrestees’ vehicle.
Minnesota Statutes: No-Knock Search Warrants – Visit the official website for the Minnesota Legislature. The page discusses section 626.14 which constitutes the no-knock search warrant guidelines. You can see how the term is defined by Minnesota law, and the requirements for a no-knock search warrant.
Dakota County Sheriff’s Office – Visit the official website for the Dakota County Sheriff’s Office. Time Leslie is the current sheriff for the department. Access the site to view the office mission statement and contact information.
Apple Valley Attorney for Search Warrants | Minnesota Defense Lawyer
If you feel you were searched without probable cause or a warrant, contact criminal defense attorney James Blumberg at James Blumberg Law. Mr. Blumberg has more than a decade of experience representing clients charged with DWI, theft, forgery, domestic violence, arson, fraud, orders for protection, and criminal vehicular homicides, just to name a few. He can work tirelessly to obtain the best possible outcome for your case.
James Blumberg Law accepts clients in Apple Valley, Minnesota and surrounding areas including Dakota County, Hennepin County, Ramsey County, and Rice County. Do not provide information to the police before consulting an experienced criminal defense attorney. Your first consultation is free of charge with James Blumberg Law so call (952) 431-7758 as soon as possible.