What to do about Search Warrants

CLEARWATER CRIMINAL DEFENSE ATTORNEY

Robert Hambrick strongly believes our American privacy rights are fundamental rights which must be vigorously protected from government intrusion or be lost. Our rights are constantly under siege by federal and state law enforcement officers and prosecutors who care more about making an arrest than protecting the rights of citizens they are sworn to protect.

Because Robert Hambrick served as a Lead Trial Prosecutor in Pinellas county, he has vast knowledge about both sides of the criminal defense system giving him a crucial advantage when it comes to filing successful and effective Motions to Suppress unlawfully obtained evidence that violates the Fourth Amendment Rights found in our United States Constitution.

WHEN CAN OFFICERS LAWFULLY SEARCH YOUR PROPERTY?

You do not have any obligation to let officers conduct a search of your property unless there is a search warrant or a legally valid exception that allows a search without a warrant.

Even when federal government agents from the FBI or the DEA demand that you allow a search of your home, your office, your tax records, your car, your computer, your phone, your cell phone records, your internet activity, your hard drive or even your pockets or your purse? Tell them you want to see the Search Warrant signed by a Judge giving them the right to search.

The fact is that you possess the Right to Privacy as an American. The Right to privacy means that you have the right to keep your personal information private not only the police, but from anyone who wants to search you unless a Judge has signed a search warrant.

Remember that Robert Hambrick is just a phone call and always available to help you every day at any hour. I’ll never charge you for an immediate consultation to discuss your legal rights to privacy if you’re the target of a criminal investigation. And my early intervention on your behalf may prevent your arrest or increases the chances that your privacy and your property can be protected from unlawful government intrusions. Robert Hambrick’s objective is simple, to keep you from being arrested and to take action so that your records will remain just that – your records, rather than become public documents in a criminal prosecution.

If there is a valid search warrant, then law enforcement has been given the right to search your personal property, possessions, business, home or vehicle. And if there is a signed search warrant, then you must allow the search. In fact if you hinder the search, then you can be arrested for the crime of obstruction. However, any search is limited to what is described with in the search warrant and can not be supplemented by the officers at the scene.

Yet all unlawful evidence found will be collected and used for additional charges where possible. For example, if Federal Agents serving a search warrant in a tax fraud case find child pornography on a computer incident to the search warrant, the child pornography will be charged as well as the original tax fraud.

As you can see it’s vitally important to have Robert Hambrick study the evidence, the search warrant and the prevailing law to make certain that the search warrant is factually and legally correct. If the search warrant has false information, then the results of the search may be subject to a successful motion to suppress in which the evidence will be stricken by the Court as being ‘fruit of the poisonous tree’ and therefore prohibited from use at a later criminal trial which could also force prosecutors to dismiss or reduce the charge.

If there is no search warrant, must consent to a search be given to law enforcement officers?
Without a search warrant an officer can not make a search unless he observes immediate probable cause. Never give consent to a search to an officer. Officers are trained professionals. Officers have been taught that if there is probable cause to search property to search it.

For example, an officer stops an automobile for for an outdated tag. When the driver rolls down the window, the officers smells what he believes to be marijuana. The officer will search the vehicle because he has a reasonable suspicion that there’s a crime of possession of drugs. What if the officer is lying about the smell? Lawyer Robert Hambrick will file a motion to suppress and at the hearing place that officer under oath to establish that the officer lied and the trial Court will determine whether the search and everything found during the search should be suppressed.

But if the driver of the car gives consent to search to the officer, then he does not need to formulate a reason to establish probable cause because permission to search is sufficient to conduct any search. If the driver gives consent to a search without a search warrant, then the search is valid even if the officer could not smell marijuana.

Similarly, an officer who gains your permission to search your home, business, computer files or phone has been taught to always conduct a search because he has nothing to lose. Thinking counter-intuitively that once permission is given the officer will not conduct a search because he somehow will think that permission would only be given if there was nothing to find simply gives him the ability to freely search and in the process to take away your Right to Privacy. There will be little or no benefit in either the weight of the charged misconduct nor in the final sentence for having allowed the search.

 

IF POLICE WANT TO SEARCH SEARCH YOUR PROPERTY – JUST SAY NO!

When law enforcement officers ask or demand that you allow a search simply the following:

  1. I do not agree to any search.
  2. If you have reason to believe I have committed a crime show me the Search Warrant.
  3. I demand my right to call my lawyer, Robert Hambrick.
  4. I refuse to say anything further.

If you or a loved one has been charged with a crime in which a search warrant was used, you should have a consultation with Robert Hambrick to take the necessary steps to protect your fundamental privacy rights, your property and your peace of mind to know that you will gain the best possible results.