What is a Search Warrant and When is One Required in Minnesota?
While few of us know the ins-and-outs of the U.S. Constitution and the Fourth Amendment involving search and seizure, most of us know that there are circumstances when the police must have a search warrant when they search a home or other property. Search warrants are frequently central tools used by the police as a part of their investigations. These can apply to just about every kind of criminal charge including sex crimes, DWIs, domestic assaults, violent crimes including murder and other serious assaults, theft, fraud and property charges and drug charges. So, what exactly is a search warrant and when is one required by the police in order to execute a search here in St. Paul or anywhere else in Minnesota? St. Paul Criminal Defense Attorney Jack Rice will look at some of the basics and also some of the limitations and exceptions. For more, contact Jack Rice Defense for a free confidential consultation. If you are facing serious criminal charges here in St. Paul or anywhere in Minnesota, make sure you sit down with an experienced criminal defense attorney immediately.
What is a Search Warrant ?
A search warrant is a document signed by a judge or other magistrate that authorizes the police to perform a search. If a Search Warrant is necessary and the police fail to get one, the evidence found at the scene may be suppressed and not allowed to be used to charge a crime. However, if the police do get a Search Warrant, it is important to understand the limitations of the search. The Search Warrant allows the police to search for specific materials or objects at a specific location and at a specific time. Examples of objects or materials may apply to guns, drugs or other evidence that a crime has been committed.
How Do the Police Get a Search Warrant in Minnesota?
In order for the police to get a Search Warrant in St. Paul or elsewhere in Minnesota, they must convince a judge that they believe that there is “probable cause” to believe there is evidence at a specific location that would help prove that a crime occurred. Probable cause is a specific legal standard which may be contested subsequent to a search warrant being issued. In order to get the warrant, the police typically sign an affidavit “declaring under penalty of perjury that everything in the Application for a Search Warrant is true and correct".” The Application will list out:
a specific list of evidence the police expect to find such as drugs, guns, cash. For example, In sex crimes, these frequently include cell phones, computers, cameras;
A specific location where this evidence will be found;
The facts establishing the grounds the Judge should use to issue the search warrant including specific facts known to the officer or other officers, past criminal history, information from confidential informants (CIs), field tests, and more.
“While the Search Warrants Rules are Important, Sometimes it is the Exceptions that can hurt you.”
What are the Limitations of a Search Warrant in Minnesota?
While a Search Warrant requires a lot of specific information, it also limits the scope of the search. Simply put, the police get to look for the specific items listed in the search warrant. So, if the search warrant lists drugs, they don’t get to dig for guns, cell phones, and other information they think might be interesting. Similarly, if it specifies a specific house, they police may not be able to search the backyard, barns, garages or other structures on the property. Also, the police can only seize those items that are listed in the search warrant. However, there is a big loophole here that the police frequently try to use: if they inadvertently find evidence of a crime that is not listed in the search warrant.
“Are There Exceptions to the Search Warrant Rule in Minnesota? Yes”
What are the Exceptions to the Search Warrant Requirement?
Consent Search
Frequently, when the police want to search a property, even if they get a Search Warrant, they will ask for consent to search the property. They do this because if you give them consent to search, you are likely waiving your ability to subsequently contest that search or even the quality of the Search Warrant. So, short answer here: Do NOT give consent to the police to search any property. Ask them to come back with a warrant. If they do it without your consent or without a search warrant, you may still retain your right to later contest that search. Again, let’s be clear, you do not have to give consent. It is strictly voluntary and you can say no. If they have a warrant, cooperate and ask for your St. Paul criminal defense attorney immediately.
Evidence in Plain View
The most common “plain view” exception is when the officers are conducting a valid search and they see evidence of other crimes. For instance, they are searching for guns per a search warrant in the house and they find illicit drugs on the kitchen table in “plain view.” They don’t need a search warrant for those drugs. Another use of the exception would be where the police walk past a car in which they simply look in and see a driver with a bag of what the officer believes is cocaine in the passenger seat, they may perform a search without a warrant.
Emergency Circumstances
Under emergency circumstances, the police may search without a warrant. This is frequently used where the police believe that somebody’s life is at risk. The logic is that the police have a duty to protect individuals and the public. However what sometimes happens, if the police will use an emergency circumstances and then see evidence of other crimes in plain view. So, when the police employ this exception, it does open up the question of whether the decision to search without a warrant was justified.
Do the Police Have to Have a Search Warrant to Search a Car?
If a vehicle is stopped for a valid reason and the police then develop probable cause that there is evidence that a crime may be present, not just a minor infraction, they generally don’t need a search warrant. Remember, the standard to stop the car is extremely low - articulable suspicion. If the police have probable cause, they may search all packages in the vehicle, and compartments such as glove box, console, trunk, etc. While there are limitations, the police can essentially look at and in almost anything they want. Cars simply do not have the protection that homes have and things can unravel very quickly. Further, once an officer has probable cause of a crime, they can ask a driver and passengers to get out of a car and they can be frisked if they are “concerned for their safety.” So, they get to search the people too. Again, remember that there are limitations to these search and it can get complicated.
Do the Police Need a Search Warrant Once they Make an Arrest?
While Search Warrants may still be required if somebody is arrested, there are huge exceptions that the police frequently employ. After an arrest, the police may search for weapons in the surrounding area and use the justification that they are protecting themselves. Also, they may search the person arrested for evidence that the alleged offender would likely attempt to destroy. The police may also conduct a “protective sweep” of a specific location without a warrant if police arrest a suspect and believe a potentially dangerous accomplice may be hiding there too.
Ramifications of an Illegal Search
If the police violate the Fourth Amendment by conducting a search without a Search Warrant and outside of one of the exceptions to the search warrant rule, any evidence obtained may not be admitted into evidence against you, it could be suppressed. Of course, there are limitations to admissibility.
Make Sure You Have an Experienced Criminal Defense Attorney by Your Side.
Because Search Warrants are frequently the backbone of every police investigation in Minnesota, it is critical to have an experienced criminal defense attorney at your side. It is not just about whether the Minnesota Search Warrant is “good.” It is also about the limitations of that Search Warrant and whether there are certain exceptions to the Search Warrant requirement that apply.
Jack Rice and a nationally known, award winning criminal defense attorney based in St. Paul. He was just awarded the Minnesota Attorney of the the Year, and received the Award of Professional Excellence in 2020. He is a Board Certified Criminal Law Specialist, former prosecutor and the Founder of Jack Rice Defense. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.