Both types of warrants can be an unfair invasion into your privacy.
When police officers and Sheriff’s deputies in Arapahoe, Jefferson, and Denver County are investigating a case and need to make an arrest or conduct a search, they are able to meet with a judge in order to obtain a warrant. Search warrants and arrest warrants are granted by a judge after a private meeting with the police officer. During this private meeting, the police officer must provide evidence that there is probable cause to execute a search or arrest warrant.The judge will determine whether or not to sign the warrant. Let’s take a look at both these types of warrants, and see why they are an invasion of privacy and subject to constitutional law challenges.
Two Kinds of Warrants: Arrest and Search
In Adams, Jefferson, and Douglas County, and all throughout Colorado, there are two different types of warrants. Both of these warrants can be an unfair invasion into your privacy.
If a Denver police officer speaks with an alleged victim during a sex crime investigation, and they are convinced you are guilty, they will request a meeting with a judge in order to obtain an arrest warrant. The purpose of an arrest warrant is to remove a suspect from their support system. In jail, a defendant is unable to speak easily with friends or family, and can’t escape prosecution. This isolation is a key part of the District Attorney’s plan. Police officers can then gather evidence without any restrictions, try to get the defendant to confess, or talk with them to get leads to further evidence.
Search warrants are usually obtained in cases where the prosecution needs more evidence to go to trial. Sometimes, the District Attorney needs more than the testimony of an alleged victim as evidence. When this is the case, the police meet with a magistrate or judge and tell them why they need the warrant. If the judge signs the search warrant, law enforcement will be able to search your property to find evidence which proves your guilt. In order for the judge to grant their request, they must have:
Fruit of the Crime:
A police detective must offer proof they will find evidence of a crime in the home, car, or business they want to search. This is called the “fruit of the crime.”
Affidavit for Search Warrant:
All of the inventory and evidence is outlined by the police in the Affidavit for Search Warrant, which will be presented to the judge in Pitkin, Gilpin, or El Paso County..
How is an Arrest Warrant Executed?
When an arrest warrant is executed, the police will find you in your home or place of business in order to arrest you. Often, the police go out of their way to embarrass you during the arrest. Instead of arresting you when you are home alone, for example, they will wait until you go to work and then handcuff you in front of your coworkers, or parade you in front of your neighbors without the ability to gather your belongings. Police officers tend to justify this when you have refused to speak with them in the past. In some cases, the police will ask you to come in for a meeting to discuss the case. After you have spoken with them and provided evidence, they will arrest you. Sometimes, the police will allow you to turn yourself in after providing a statement. Either way, you are giving evidence to the prosecution. It is never wise to speak with the police about your case.
It is never wise to speak with the police about your case.
How is a Search Warrant Executed?
The police aren’t especially friendly when they execute a search warrant in Pitkin, Gilpin, or Summit County. Instead, they will rudely interrupt you while you are at work or at home. They aren’t considerate, often breaking things, making messes, and breaking down the door if you don’t answer. Then, the police will seize anything which might be evidence. In cases where digital media is involved (such as in a Sexual Exploitation of a Child case), the police will confiscate any electronic devices, including laptops, computers, external hard drives, iPods, thumb drives, mobile phones, or any other type of device. During their search, it is important that you do not speak with the police. Doing so will only provide evidence which can be used against you in court.
After the Warrant is Executed
Once a person is arrested, they will be brought before a judge, who will advise them of the charges they are facing. A bond amount will also be set (in more serious cases, the defendant can be held without bond). During this time, a protection order is also issued (in every criminal case), in order to protect the alleged victim. After a search warrant is executed, the police will file an inventory of the items they seized with the court, along with a return of the warrant, which gives the judge the status of the warrant.
Victimized by a Warrant? How a Lawyer Can Help
There are rules which can suppress evidence illegally obtained during a search.
If you have been the victim of a search warrant or an arrest warrant, don’t hesitate to contact one of our skilled criminal defense lawyers. Both the U.S. Constitution and the Colorado Constitution have standards for warrants. For items different than these described in the warrant, the police are often limited by the “plain sight” rule. There are other rules which can suppress evidence illegally obtained during a search. If we believe an arrest was unlawful, or a search was conducted illegally, we are often able to suppress evidence in the courtroom. We have a passion for fighting for the rights and freedoms of our clients. There is an ongoing battle between criminal defense attorneys and overeager police officers who overstep the boundaries of the law. We know criminal law inside and out and will help you get the best possible outcome in your trial. Don’t stand alone – work with a lawyer who fights to win.
If you or a loved one has been the subject of an arrest warrant or a search warrant, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O’Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.