In most situations, police officers need a search warrant to enter your property. The only exceptions to this are if you let them in or if there are exigent circumstances (such as someone’s life being at risk).
If you have never seen a warrant before, then it is important to know what to look out for. Here are some important factors to consider.
The warrant must be signed
A warrant must be signed by the relevant legal authority. This is usually a magistrate. The magistrate must be impartial and not actively involved in the investigation.
Generally, the police will present evidence to the magistrate, and if probable cause has been established, the warrant will be signed. A warrant without a magistrate’s signature is invalid.
The details of the warrant must be specific
Warrants must also contain specific details. For example, the address of the property to be searched must be completely accurate. An officer cannot enter if the address is even one digit off. A warrant for one property also cannot be used for another, even if it is the same owner.
If police officers intend to seize items, then these should be itemized. For example, the warrant may say something like “All electronic items are to be seized”. Warrants are not limitless in terms of time or scope. The warrant should also specify a time of expiry. Often, this is within 24-48 hours after it was issued.
If you have been charged based on a search, then the warrant can be reviewed. An invalid search warrant may have breached your rights in terms of unlawful searches and seizures. Seek legal guidance to find out more.