Tennessee Criminal Lawyer Blog

Most people are familiar with the concept of a search warrant, but most people are not familiar with how and why a search warrant is issued in regards to criminal offenses in Tennessee.

A search warrant is a written order, issued by a magistrate, directing a law enforcement officer to search for personal property and bring it before the magistrate for analysis in criminal matters.

There are four grounds on which property can be searched and seized: (1) where the property was stolen; (2) where the property was used as the means of committing a felony; (3) where the property is being possessed with the intent to commit a public offense; and (4) any other ground provided by law. This fourth category is a catchall to provide law enforcement wide latitude in obtaining evidence of criminal activity.

A search warrant can only be issued based upon probable cause, meaning a reasonable belief that a person has committed, or will commit, a crime whether it is an issue of assault, white collar offense, or drug offense. The search warrant must be supported by an affidavit, a sworn statement of fact, naming and describing the person and particular property and place that is to be searched.

The magistrate, before issuing the search warrant, must examine all testimony and evidence to establish grounds for issuing the warrant. If the facts and evidence do not establish probable cause, the warrant is not to be issued.

Once the warrant is issued, the law enforcement officer charged with its execution is to immediately search the property for the particular evidence sought and bring it before the magistrate in accordance with the specifications of the warrant. In Tennessee, all search warrants must be executed and returned to the issuing magistrate within five days of issuance, otherwise the warrant will be void.

If any of the procedures for a search warrant are improperly executed, it could result in an illegal search and seizure under the Fourth Amendment to the Constitution. If this is the case, all evidence obtained during that particular search may be inadmissible at trial.

If you have any questions regarding search warrants in Tennessee or if you or someone you know has been accused of a crime, contact the skilled Sevierville criminal defense lawyers at Baker Associates. Call 866-853-2888 for a free consultation.