Challenging Evidence Seized Under a Search Warrant

When law enforcement officers conduct a search under a warrant, any evidence they seize can significantly impact the outcome of a criminal case. However, not all search warrants and the subsequent seizures are lawful. If you've been arrested and evidence was obtained through a search warrant, it's crucial to understand your rights and the importance of challenging that evidence, especially if there are questions about the warrant's validity.

Understanding the Good Faith Exception

The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. Generally, this means that law enforcement must obtain a valid search warrant before conducting a search. However, even if a search warrant is later found to be defective, the evidence seized under that warrant might still be admissible in court under the good faith exception.

The good faith exception allows for the admission of evidence if the officers executing the warrant had an objectively reasonable belief that their actions were lawful. This means that, in certain circumstances, evidence can be used in court even if the warrant itself was flawed—so long as the officers were acting in good faith reliance on the warrant.

Wisconsin's Unique Requirements

In Wisconsin, the application of the good faith exception includes additional safeguards beyond the federal standard. The state must show that:

• Significant Investigation: The warrant was issued after a substantial investigation, demonstrating that law enforcement took the time to ensure probable cause existed.
• Review by Trained Professionals: The warrant must have been reviewed by either a trained police officer or a knowledgeable government attorney, adding a layer of oversight to the process.

These requirements are designed to ensure that the officers' reliance on the warrant was both reasonable and conducted in good faith.

When the Good Faith Exception Does Not Apply

There are critical limitations to the good faith exception. It does not apply if:

• The issuing magistrate was knowingly misled by the officers.
• The magistrate wholly abandoned their judicial role.
• The warrant application was so lacking in probable cause that no reasonable officer could have believed it was valid.
• The warrant was so facially deficient that it was unreasonable for officers to rely on it.

If any of these conditions are met, the evidence seized under the warrant may be suppressed, meaning it cannot be used against you in court.

Why Challenging Evidence Matters

Challenging the evidence seized under a search warrant is not just a legal technicality; it can be the key to your defense. If the court finds that the warrant was invalid or that the good faith exception does not apply, the evidence obtained may be excluded, potentially weakening the prosecution's case against you.

An experienced attorney can evaluate the circumstances surrounding the issuance and execution of the search warrant, identify any legal flaws, and argue for the suppression of unlawfully obtained evidence. This process requires a deep understanding of both the law and the specifics of your case, making it essential to have skilled legal representation.

Contact Melms Law for Experienced Legal Defense

If you've been arrested and evidence was seized under a search warrant, it's imperative to seek legal counsel. At Melms Law, our attorneys are experienced in challenging search warrants and suppressing unlawfully obtained evidence. We are committed to protecting your rights and providing you with the aggressive defense you need.

This post is for informational purposes only and should not be considered legal advice. If you have been charged with a crime or believe your rights were violated, seek the assistance of an attorney. Past results do not guarantee future outcomes.

By Attorney Frederick Melms

Dated April 22, 2024.  

At Melms Law, we are committed to protecting your rights and ensuring that justice is served and providing quality legal representation to Wisconsinites, even if they cannot afford a large retainer.  Call us at 715-525-9839 and schedule a free consultation and find out  how we can help you navigate the criminal justice system.