Are Search Warrants Always Required?

You have a right to privacy, and a right to not be arrested without probable cause, or to have your home, hotel room or place of business searched without your knowledge or consent.

This right is protected by law, and there are provisions in place to allow the police to conduct searches with a warrant, if they have a reason to believe it is necessary. If the police were to enter your property without a warrant, and were not able to show that they had a reasonable and sound reason for doing so, then any evidence that they were to find in such a search would not be admissible in court.

For the most part, the police follow the rules well, but there are cases when they make mistakes, and if you are the victim of one of those mistakes then it can be stressful and traumatic. You have the right to challenge an arrest or a search if you feel that it was performed incorrectly or that the procedures that are in place to protect your privacy were not followed.

It is a myth that search warrants are always required. It’s fair to say that they are usually necessary, but if there is a genuine threat to public safety and the police can show that they had a good reason to believe that they had to act immediately, then they may be able to make the case that they had a reason to enter your property without a warrant. The burden of proof for this is set quite high, though, so in general the police would not enter someone’s home or place of business without following the correct procedures.

If you feel that you have been treated unfairly by the police, then you should be careful what you say when you are arrested or questioned. Ask to talk to a lawyer, and explain to the lawyer that you are unsure about the legal position regarding warrants. The law is complicated, and you should not attempt to resolve these issues yourself. This is one area where expert legal advice is essential to avoid misunderstandings and complications. Find some expert search warrant solicitor firms, like this one:

http://search-warrants.com

If you cannot afford to pay for your own lawyer, you may be able to get one appointed for you or get legal aid, and they will still work to represent you as well as possible to ensure justice is done.