Under the Constitution, law enforcement may obtain a search warrant only if they have probable cause to believe that a crime was actually committed. A warrant is authority from a judge to search a particular place and seize particular evidence. The officers must prove probable cause by an affidavit or oral testimony.

A valid warrant must specify the places the officers may search and the items they may seize. A warrant must specify the times and dates during which the search and seizure may be performed. An experienced New Hampshire criminal defense attorney may find a way to attack the validity of a search warrant.

The United States Supreme Court has held that if officers rely in good faith on a warrant, evidence they seize can be used at trial. However, a warrant will not protect a search in four situations. Evidence may not be used at trial if:

• The affidavit shows so little probable cause that it would be unreasonable to believe that it even existed;
• The person signing the affidavit includes information that he knew was false or should have known was false, except for his reckless disregard of the truth;
• The judge takes part in the search and allows officers to seize items outside the warrant; or
• The warrant is so obviously flawed (for example, it doesn’t identify the place to be searched or the items to be seized) that the officers could not reasonably believe that it is lawful.

If you’ve been arrested for a crime, contact New Hampshire criminal defense attorney Sven Wiberg today for a free initial consultation.