A search warrant is a legal document issued by a court or magistrate that enables law enforcement agents to conduct a search at a certain location for the purpose of locating specified objects or evidence.
Both the United States Constitution and the Maryland Constitution say that the government can’t search or take things from people without a good reason. In particular, police officers must have a search warrant to be able to search and seize something unless they are in one situation that is not covered by the rule. A police officer must also show a judge an application and an affidavit that shows he or she has a good reason to believe that evidence, contraband, or an item or person that the police can seize can be found at a certain location. When a court decides that a search and seizure were done illegally, any evidence that the police found, as a result, is subject to the exclusionary rule and cannot be used against the defendant in court.
What does a Maryland search warrant look like
Maryland search warrants will include the following information:
- The name of the judge or magistrate who issued the warrant
- The name of the law enforcement agency requesting the warrant
- The location to be searched
- A description of the items or evidence being sought
- The date and time the warrant was issued
- The name of the person or persons authorized to conduct the search
- The date and time by which the warrant must be executed
- The signature of the judge or magistrate issuing the warrant
The search warrant must be supported by probable cause, which is the reasonable assumption that the objects or physical evidence being investigated are found at the designated place. In fact, a search warrant is only valid for a certain timeframe and has to be fulfilled within that term.
What are the legal rights of a suspect during a police search in Maryland?
People suspected of committing a crime have certain rights when police search their homes. The Fourth Amendment of the United States Constitution and the Maryland Declaration of Rights protect these rights. Among these rights are:
- The right to be protected from unreasonable searches and seizures: To search a person or their property, law enforcement officers must have probable cause and a legally valid warrant unless there is an exception to the warrant requirement, such as consent, plain view, urgent circumstances, etc.
- The person has the right to know why they are being searched. Law enforcement officers must tell the person why they are being searched and what gives them the right to search.
- The right to watch the search: the suspect can watch the search as long as it doesn’t get in the way of the officer’s ability to do it safely and effectively.
- The right to have the search done in a reasonable way: Police officers must search in an appropriate manner and not damage the person’s property more than necessary.
How long does it take to serve a search warrant in Maryland?
The search warrant must be carried out within a defined time frame after it has been issued. A search warrant must be carried out within ten days of the date it was issued. This means that the search must be completed within ten days of the warrant being approved, or else the warrant will be invalid.
In Maryland, a search warrant can be carried out between 6 a.m. and 10 p.m. unless the judge or magistrate who provided the warrant says otherwise. This means that police can’t search outside of these periods unless they get permission from a judge or magistrate.
A magistrate or a judge can extend the time for executing a search warrant in certain situations. But this doesn’t happen often, and the request needs to be made before the ten days have passed.
A search warrant is a legal document that must be read and comprehended thoroughly before any action takes place.