The Law Blog

Why is a Warrant So Important?

Although law enforcement officials supposedly exist to protect and serve the populace, they can also use their status to bully innocent victims. To help prevent the law from prevailing over the people, the Bill of Rights helps protect and defend you against anything from self-incrimination to double jeopardy. One of the most important rights is outlined in the Fourth Amendment: the protection against illegal search and seizure. This creates the need for a warrant.

A warrant is a legal document that has been approved by the court or a judge, allowing law enforcement officials to legally carry out the tasks listed on the warrant. This may include searching your property or arresting you. The police must have a warrant for these objectives in almost all cases. Of course, there are some cases when law enforcement officials are allowed to perform a search or arrest without a warrant, but this is not the majority of times.

Any time you are subjected to search and seizure, whether you are guilty or innocent, the actions of the law enforcement officials can feel degrading and exploitative. You may have your reputation ruined as a result of these actions, and you can be left suffering extreme emotional trauma. Thus, the Fourth Amendment helps protect you against these distressing actions by outlining the following rights:

Searches and arrests must be judicially approved and sanctioned

Warrants must display reasonable cause in order to be approved

Warrants must be specific and limited in scope

A person, usually a member of the police, must swear by the information in the warrant and agree to be held liable for the information

If information or evidence is obtained without a legal warrant, it may be subjected to the exclusionary rule. Under the exclusionary rule, most evidence that prosecutors receive in violation of the Fourth Amendment cannot be used in a case against the defendant. If police offers move to arrest you or search your property, you should always ask for a warrant first. If you have been subjected to an illegal search and seizure, it is important that you contact a tenacious criminal defense lawyer immediately in order to protect and defend your rights.