how can i litigate the validity of a search warrant?

Question

just want to know

Answer 1

They have to have substantial probable cause that a crime has been commited inside the residence OR evidence of a crime may be contained within to even gain a search warrant.

That warrant is granted only to search for specific things related to a specific crime. It doesn't just grant all access to rip apart everything in the home.

To properly litigate you need to know exactly how the state grants warrants and under what circumstances. Then you need to know what it was granted for specifically and if the evidence found due to the warrant was outside the realm allowed by the warrant.

Answer 2

When you are presented with a search warrant, then and only then may someone from the police department search your home for specific items pertaining to a case. The search warrant MUST be signed by a judge. If you feel that the search was done without probable cause, you have the right to take legal action against those that did the search. If the search is valid and you refuse, there may be repercussions. Best wishes and take care.

Answer 3

The only recourse to an invalid search warrant is to file what is called a "section 1982 action." (comes from the statute, U.S. Code 1982) This is the generic action (and only action) for violations of one's federal rights. Since the 4th amendment requires a valid search warrant an invalid one would be a violation of a Federal right. Contact an attorney if you think you have a case. The law allows a successful litigant to collect attorney's fees. It is a very difficult case to win, but an attorney will let you know. You should be able to find an attorney who will hear your facts and decide if it's worth pursuing for free.

Answer 4

WHAT EXACTLY DO YOU MEAN, ?\
if a search warrant is signed by a judge, and had the proper info on it, it probably is valid.
IF YOU WERE ISSUED A SEARCH WARRANT, DON'T YOU HAVE POSSESION OF IT? You have a right to find out what prompted the law to go this far, they wanted some reason to enter,,
give more detais, it is hard to answer your question without specifics,

Answer 5

get a really good, really expensive lawyer and ask that very question