Understanding Search Warrants in Delaware: When Police Can (and Can’t) Search Your Property

Having law enforcement rummage through your property is intrusive and upsetting, particularly if you’re not aware of your rights. Under the Fourth Amendment, citizens are guaranteed protection against unreasonable searches and seizures. Nevertheless, there are exceptions that should be considered. Knowing the circumstances and when law enforcement is allowed to perform a search without your consent ensures that your rights are protected.

What is a search warrant?

A search warrant is a judicial order that gives the police the authority to search a particular place for the presence of evidence of criminal activity. In Delaware, for a search warrant to be issued, there must be probable cause, which is an indication that there exists reasonable grounds to believe that there will be evidence of a crime at a particular place. The search warrant should also specify the place and items that are being seized. 

When can police search without a warrant?

In spite of the fact that warrants are usually required, there are some exceptions that allow police to search an individual or their property without warrants:

• Consent – You must realize that you can deny permission to an officer who asks to search you or your vehicle. The police will not need a warrant if you give them your permission.

• Search incident to arrest – After being lawfully arrested, police can perform a search of your body and the surrounding environment to guarantee their safety and preserve any potential evidence against you.

• Exigent circumstances – Officers can make a warrantless search in an emergency such as when there is a threat to the officer’s safety, destruction of evidence, or the suspect escapes.

• Plain view doctrine – If you leave your drugs on the passenger seat and the police just happen to see them, it is admissible in court based on the plain view doctrine.

• Search of vehicles – Officers have greater flexibility in searching cars because they can be easily moved from one place to another.

Limits on police authority

It should be noted that, even though the police obtain a warrant, it does not grant them carte blanche to do as they please. Their activities must conform precisely to the contents of the warrant and what it allows. Thus, if the warrant allows a search for the theft of a TV set, then the police cannot go looking in places or objects where such an article could not conceivably be hiding.

Challenging an illegal search

If law enforcement officers conduct themselves in an abusive manner while searching for evidence on your person, your lawyer may move to suppress the evidence they find. This would mean that the evidence would not be presented in court. This can be quite helpful to weaken the prosecution’s case against you. 

Talk to a Wilmington, DE, Criminal Defense Lawyer Today 

Michael W. Modica represents the interests of Wilmington, DE, residents who have been charged with serious crimes. Call our Wilmington criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense immediately.