LAWYER EXPLAINS: How to FIGHT Search Warrants

The 4th Amendment protects you against unnecessary searches and seizures, so what can you do about search warrants? How can you defend yourself? Here's what you NEED to know.

Free Guides:

00:00 What Do Cops & Lawyers Know About Search Warrants That You Don't?
00:32 Police Show Up At Your House With A Search Warrant: Can They Do Whatever They Want?
00:46 Are Police Required To Knock Before They Perform The Search?
01:53 Richards vs. Wisconsin
03:50 If Police Knock On Your Door: Do You Have To Answer The Door?
04:27 Steps To Follow When You Encounter An Officer With A Search Warrant
06:23 Fight The Illegal Search At The Courthouse, Not At The Scene!
08:26 When Can Police Search WITHOUT A Warrant?
10:12 If An Officer Searches Your Home Without A Warrant? Illegal?
12:01 Good Faith Exception To Search Without A Warrant
12:57 Can Police Seize Your Phone & Get A Warrant Later?
13:10 Exigent Circumstances
13:47 How To Fight A Search Warrant

[PamelaCurry]

I live in Dallas, Dallas County, Texas. Several years ago the police showed up at my door with a warrant for someone I DID NOT KNOW. They attempted to push through, I did stop them and requested the warrant. After quickly reading the first few lines, I responded: if they wanted to execute that warrant, they needed to go to the actual address on the warrant. Wrong apartment building, floor, unit number.

[bradpotter]

Judges that hand out warrants like cheap candy should be liable for damages.

[rrussell]

Overheard: In the US judicial system, it is better to be guilty and rich than it is innocent and poor.

[TheBrainSquared]

Over 22 years ago I had a Search warrant executed on my apartment. They knocked hard and I answered and once the door was open they busted in, yanked hard on me to pull me out of the room while they tossed my place. They cuffed me and I was scared out of my mind, and they left no stone unturned and a majority of my belongings were broken. I asked what the warrant was about and they did not tell me, when they were finished and my apartment was totally destroyed, they handed me the warrant... I had no opportunity to ask them what the warrant was for. In the end it they found nothing.

[ninjacowboy]

12:31 I’m not a fan of this, because if a citizen misinterprets the law, we usually get a ticket or go to jail but if a cop (who is paid and trained to know and understand the law) gets a pass. It’s like the house is stacked against the people.

[rrussell]

Ten years ago I was on a jury and 9 out of 11 of us voted guilty. We debated every angle, but two wouldn't budge resulting in a hung jury. Essentially, these two had been victims of police abuse and didn't trust the system. Lesson: without trust, the system can't function, but apparently, the system doesn't care.

[larrysapia]

And remember, an Arrest Warrant is not a Search Warrant

[ynotbme]

I just watched a video from Colin Noir where robbers were kicking in the door of the home owner with guns in hands and shouting "police". So just because a person hears people knocking their door down, say they are police, does not mean they are. I think it's time to do away with no knock warrants.

[bf-]

Good faith exception: "Ignorance of the law is no excuse" doesn't apply to cops. Got it.

[christopherparsons]

The fact that homeowners have guns and are reasonably allowed to brandish them when someone barges into their home in the middle of the night., is exactly why no-knock warrants should be illegal. No crime that I can think of where police really need the upper hand, any more than they already have it, constitutes needing a no-knock warrant. I also fail to see how the no-knock warrant gives police an advantage with a potentially violent criminal. If a person is capable of getting rid of such a small amount of evidence in the time it takes for the officers to knock and announce themselves, then the police didn't have much reason to be there in the first place.

[donaldchittenden]

I have never been served with a search warrant, never seen one, don’t know what they look like. Therefore, I have several questions:
1. What should I look for in a search warrant?
2. Is there a difference between federal, state, and local search warrants?
3. Have police ever handed a homeowner a fake search warrant?
4. Does the homeowner get to keep the search warrant?
5. What if the police take your phone as part of the search?

[Rowgue]

So many people don't understand the limitations on warrants. To reiterate several of your key points, in most states the following are true:

1) They are legally required to present you with a copy of the warrant (even if you don't ask for it) and allow you to review it before any searching can begin.
2) You can then refuse them consent to search anywhere or anything that is not specified in the warrant. And you can make it clear that you are not consenting to them seizing anything not specified in the warrant.
3) You are legally allowed to observe the search and insure they are not searching anywhere or anything outside the bounds of the warrant. They cannot force you to stand outside and give them free reign to tear apart your entire house.
4) They are required to use the least intrusive and least destructive means possible to conduct the search. If they just rip apart the entire house, empty every drawer onto the ground and leave it looking like your house just got hit by a tornado you need to observe and document all of that so you can present it in court for any civil action you may take after the fact.

And on a side note the notion that no knock warrants somehow reduce the danger in executing search warrants is completely ridiculous. Even the most peaceful law abiding citizen are not in their right mind when a dozen people bust in their door at two o'clock in the morning and start rabidly screaming at everyone and pointing guns at them. There are very limited circumstances where no knock warrants could be considered reasonable to any rational person. The vast majority of situations in which they are used are not in that category.

[samanthalacroix]

I bought my home over a decade ago that had been repossessed after the owner was incarcerated over an out of state conviction. Shortly after the purchase the SWAT team rolls up in an ex-military APC looking for the original owner pointing guns in my face. After telling the idiot in charge to STFU and get the guns out of my face before he got sued under the jail they realized they screwed up. I walked two of the guys through the house, showed them deed and then the door. HOWEVER they came back many more times despite calling the police, police chief, mayor and DA. I had my lawyer file with the court and they kept coming. One day I found two officers in my house before they came dangerously close to taking an unexpected ambulance ride. During the county's investigation and most likely a desperate attempt to find a way to charge me it was discovered that the guy they wanted was pushing up daisies at a North Carolina prison cemetery. Cops don't care what the law is or what the court orders if they want to search a place they are going to search it. I had a neighbor get served with a search warrant for a relative of the former tenant. After repeated attempts to tell them she had no idea who they were looking for and didn't even do drugs despite being threatened with jail/loss of kids they trashed the place even harder. I'm talking about ransacking the house, destroying the kid's rooms and toys and busting holes in the walls. When the dad showed up they took him into custody under the name on the warrant and tacked on counterfeit ID and resisting arrest charges to boot. He lost his job, family lost their home, owner had a repair job to cover and nothing happened to the me again there's something you can do.

[ronaldschoolcraft]

Defendents don't get to say, "I thought what I was doing was legal." The double standard is striking.

[robm]

A detail that I've always wondered was, when they hand you the copy of the warrant before the search begins, how much time and opportunity are you LEGALLY allowed in order to examine the warrant, before being compelled to step aside so they can search? Is it one of those, hand-over-as-they-barge-in type of situations? Are they required to allow you 60 seconds before forcing their way in? No one ever says how long, if at all, you're allowed to examine the documentation before they are allowed to force themselves inside.

[markargentine]

Sir. I dont know what you charge but you are worth every cent. Whats sad is many accused people cant afford competent counsel. A free lawyer usually isnt that good. Great video. Thank you

[jeffreyhowll]

The sad part is if it is a valid warrant and they don't find anything at all, they are not responsible for any damage created...

[ralphcantrell]

It sounds to me like a person is damned if they do and damned if they don't. Apparently civil rights simply do not exist in this country.

[SuperVidtech]

Nice class in theory..
In the real world the officers remove you from the premises during the search and do whatever they want.
The court finds every way possible to justify their actions..
Its a stacked action against you from beginning to end..
Sadly the constitution is considered a hindrance whenever it goes against their agenda..

[revealing]

Most folks don't have a lawyer on call. Please address this problem.