Bad Warrants and Lack of Probable Cause Defenses in Maryland

 Posted on December 24, 2024 in Criminal Defense

Being arrested and charged with a crime can be a frightening, anxiety-inducing, stressful time. You may not know whether you need a criminal defense lawyer or if you should try to handle the charges on your own.  Most of us have had little to no interaction with law enforcement, so what we know largely comes from watching television shows or movies. When it happens to you, the future can look dim, and you may be unsure of what you must do to protect your rights.

You may have heard of evidence of a crime being thrown out of court due to a "bad" warrant or lack of probable cause for a search and seizure but do not fully understand what these terms mean. If you are facing criminal charges, it is important to have a highly experienced Silver Spring, MD criminal defense attorney by your side who will leave no stone unturned when building your defense.

What Are the Most Common Reasons for a Dismissal of Charges?

There are four primary reasons a judge may dismiss criminal charges against a defendant:

• There is insufficient evidence to support the charges.
• There are procedural errors, including lack of probable cause, no warrant, or a bad warrant, a broken chain of evidence, or failure to properly Mirandize a suspect or allow him or her to call an attorney.
• The court lacks jurisdiction in the matter.
• The statute of limitations has passed.

Since prosecutors are unlikely to proceed without sufficient evidence, are aware of the statute of limitations, and are cognizant of jurisdiction, procedural errors are often the reasons a case is dismissed.

What is a Bad Warrant?

Under the Fourth Amendment to the U.S. Constitution, the government cannot authorize an unreasonable search and seizure in a person’s home, vehicle, or person. While there is little a person can do in the face of a valid search warrant, in some cases, a search warrant is invalid by virtue of how it was obtained. Obtaining a warrant requires that police provide sworn statements, or affidavits, of their belief that probable cause exists for the search.

An affidavit could be based on the officer’s personal observations or the observations of others, such as an informant. Judges often qualify a warrant by limiting where the police can search. The police can only search outside those limits when it is necessary to ensure their own safety and the safety of others or to prevent evidence from being destroyed.

While certain situations may qualify for a "no-knock" warrant, generally speaking, the police must first knock, announce their identity and intent, and wait a reasonable amount of time for the door to open. If a police officer does not provide accurate information to a judge, the warrant may be deemed "bad" by a defense attorney. Supplying inaccurate information or failing to supply all the necessary facts could be deliberate or inadvertent on the part of the police.

In either case, a bad warrant means there was a lack of probable cause, which can, in turn, lead to the entire case being dismissed if the only evidence the prosecutor has was obtained from that warrant. Although probable cause can be a fuzzy concept, as it hinges on whether a reasonable person would find the cause sufficient to obtain a warrant, a deliberate attempt to circumvent reasonable cause will not be looked at kindly by a judge.

Contact a Montgomery County, MD Criminal Defense Lawyer

If you are facing criminal charges, you should never face them alone. Choosing a knowledgeable Silver Spring, MD criminal defense attorney from The Law Offices of Gerstenfield & Demirji, PC. means you will have a strong legal advocate who can identify errors made in your case. Our attorneys are compassionate to your situation yet will aggressively build a defense on your behalf. We have excellent relationships with prosecutors in the area and speak fluent Arabic and Spanish. Call 301-589-9500 to schedule your free consultation.