Can Asheboro criminal defense lawyers explain what should be included within a search warrant? Yes! To obtain a search warrant, one must have probable cause of the crime committed and it must be related to the area that they wish to search. When applying for a search warrant, it’s imperative that specific facts are mentioned to search the correct area. If you are unsure of whether a search warrant was properly obtained in your case, you should contact a Asheboro criminal defense lawyer to learn more about the requirements needed for a search warrant.
In a recent case brought to the North Carolina Court of Appeals, the defendant argued that the arresting officers did not have probable cause to search his house. In this specific case, the officer who applied for the search warrant made the mistake of not confirming that the residence they searched actually belonged to the defendant. The warrant application only included information that tied the defendant to the committed crime and to the cars to be searched.
It failed to state that the searched residence actually belonged to the defendant, mainly because the officers only arrested the defendant outside of the residence. Therefore, they left out the important fact that it was, indeed, his residence when they applied for the warrant. The Court ruled that there was only probable cause to search the cars because the application for the warrant failed to connect the defendant to the residence that was searched.
It’s important to hire a defense attorney because there could be a procedural error, such as an error in a warrant application, that could potentially change the entire outcome of your case. If you think there could have been a procedural error in your case, you should speak with a Asheboro criminal defense attorney today!
Speak with a Asheboro defense lawyer today to make sure that your case is handled correctly! The criminal defense attorneys at Garrett, Walker, Aycoth and Olson know the requirements of the law and also genuinely care about each and every case presented by their clients. Call at 336-379-0539 today; we are here to help!
- Former President, Greensboro Criminal Defense Lawyers Association
- Elected member, Criminal Justice Section, North Carolina Bar Association
- Selected to present the Wade M. Smith Award for Top Criminal Defense Lawyer in North Carolina
Talk to a Greensboro criminal defense lawyer today
Bring the warrant, the release order and anything else they gave you.
Garrett, Walker, Aycoth & Olson, Attorneys at Law
317 South Greene St, Greensboro, NC 27401
(336) 379-0539
This article explains North Carolina law in general terms. It is not legal advice about your case, and laws, penalties and court procedures change. Contact an attorney about your specific situation.