Behind the Scenes of a Warrant
All over Jefferson and Arapahoe County, Police officers and Sheriff’s Deputies go see judges behind the scenes and request search warrants. I say, “behind the scenes” because you and I don’t get to be present for this meeting – it is one sided. In an informal setting, usually in the judge’s chambers, a cop tells the judge what they want, and if the judge thinks it is proper after reading an Affidavit for Search Warrant, he or she will sign the warrant. Read more about Arrest and Search Warrants.
When do we Normally See Search Warrants?
The most common time we see search warrant issues in the Denver area is when police are investigating a crime and they need more evidence. So, they tell the magistrate or judge why they think evidence of a crime will be found if the court lets them look. Law enforcement must show “probable cause” to a judge, that fruit or evidence of a crime will be found. The written application for a search warrant is their formal method of asking a judge to let them have access to your home, car or other property. Then, they execute the warrant and look for evidence of criminal activity.
Common Examples of When a Search Warrant is Obtained
Police are generally rude when they arrive and force you out of your home or office during the warrant’s execution. They break things and make a complete mess. Here are some examples of what we often see: Take an Assault allegation for instance. If person A says they were hit by red colored bat by person B, police would quickly move to get a search warrant to look in a car or apartment where they think the red bat will be found. Or, let’s say police are told a person stole their iPod in Adams County. Police might get a search warrant for a house in Brighton or school locker to look for the iPod. We often see allegations of sexual assault in Douglas County and police will get a search warrant for the house to seize bedding where DNA or other physical evidence might be found.
You’ve Been Searched, What Next?
When police complete a search, they are required by Colorado law to leave an inventory of what they took which belongs to you. Then, they file a return of the warrant with the court, letting the judge know the status of the warrant. Once a warrant is served and executed, it is common for police to try and speak with the suspect to get evidence against them. Never talk with police. They are not looking for the truth, but to bolster their case and gain additional evidence to put the pieces of the case together against you.
How Our Experienced Criminal Lawyers Can Help
We know the U.S. and Colorado Constitutional standards for search warrants. We know the rules for suppressing evidence when a search warrant exceeds the law. We know about the “plain site” rule, and many others related to criminal defense of the accused. There is a constant battle between overreaching police and criminal defense lawyers across Colorado. The government wants to push the envelope and intrude into your privacy. They love fishing expeditions to see if you possess something illegal. Don’t get abused. Get help.
We are defense attorneys practicing criminal law for over twenty-five years. Call us at 303-731-0719, 24/7 for help when your freedom is on the line. We know police and their motivations well. We also understand the mindset of judges and district attorneys. Together, we can protect your future.