Warrants in Salisbury, MD should never be taken lightly. However, simply because a person has a warrant doesn’t mean they have unlimited rights. Every person should be aware of what is allowed when a warrant is issued and what is not. They never know when they may be served with one; thus, this information is critical to ensure no individual’s rights are violated.
In most cases, officials must have a warrant before they can legally search and seize a person and their property. There are exceptions to this rule, however. The key to this protection lies in the word unreasonable. What is considered a reasonable search? Courts have determined that a search is reasonable when a judge has issued a search warrant as they believe there is probable cause criminal activity has taken place. Furthermore, officials may search a person without a warrant in certain situations that justify a search. For example, law enforcement officers may search a person following an arrest to ensure the accused doesn’t have one or more weapons. This search is necessary to protect the officers.
A search may also take place without a warrant when the individual does not have a legitimate expectation of privacy. What exactly does this mean? First, the person must subjectively believe the place or thing is private, and this reason is considered objectively reasonable. Society, in general, would come to the same conclusion if they were in a similar situation. A good example of this is when an object is in plain view. No person could expect that item to remain private thanks to its location. This is a case where a warrant would not be needed for the search and seizure. An Ocean City Lawyer can be of great help in determining whether a person’s rights were violated during a search and seizure.
Furthermore, warrants in Salisbury, MD are needed to allow any evidence collected during the search and seizure to be used in a court of law if the conditions above are met. This protects individuals from government officials who invade a person’s privacy illegally, as the evidence gathered in this manner cannot be used. To learn more about warrants, contact Marc A. Zeve, PA, Attorney at Law, an Ocean City lawyer. He is happy to assist individuals who feel their rights have been violated in one or more ways.
