What You Need to Know about Search Warrants in New Jersey
All New Jersey residents are granted certain rights of privacy. A search warrant is an order signed by a judge that gives police officers the authority to search for specific items at a definite location. Such warrants are not easily given and police officers must convince a judge that there is probable cause to search for evidence because of criminal activity. When proper protocol is not followed and a defendant’s rights are violated, the evidence seized in the search may be thrown out. It is even possible for a suspect to dispute a search warrant after the warrant has been issued and evidence has been seized.
In most cases, only a suspect may give verbal consent to an officer who does not have a court-issued search warrant. When multiple tenants live on a property, for example, one tenant cannot give verbal consent for an officer to search the part of the premises that is exclusively controlled by the other tenant. Also, landlords may not give consent for the authorities to search a suspect’s apartment.
There are, however, certain exceptions to when law enforcement officials require search warrants. Officers may search for evidence without a warrant when there is illegal contraband in clear view or if the officer is in the process of making an arrest. Cars may also be searched if during a valid traffic stop when the officer is given probable cause to suspect criminal activity.
The Princeton criminal defense lawyers of Lependorf & Silverstein know how to determine if their client’s constitutional rights have been violated. If you have been charged with a crime in New Jersey and believe that your rights have been violated, please call our offices at 609-240-0040 for a free consultation.
