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Denver Police Officers and Search Warrants: An Unfair Meeting

Posted by Terry O'Malley | Feb 09, 2015 | 0 Comments

When a police officer is working on a case, they can request a meeting with a judge to request a search warrant in Denver, Arapahoe, or Jefferson County. It's important to understand that you don't get to be present at this meeting. And, it is your life that is going to be greatly affected when a warrant is executed. This one-sided meeting usually takes place between the judge and the police officer or detective, who tells the judge why he wants the warrant, and why it is proper. Then, if the judge agrees after hearing the one-sided reasoning and reading an Affidavit for Search Warrant, it will be signed and executed. Let's learn more about search warrants in the state of Colorado, and how they are an invasion of privacy.

When are Search Warrants Commonly Issued?

Search warrants are most commonly issued when the police need more evidence in a case they are investigating.  For example, if an investigator is looking into a Sexual Exploitation of a Child case in Douglas County, they would approach a judge and tell them why they believe searching a home will give them more evidence of crime. In order for a judge to grant a search warrant, the police officer must show there is:

“Probable Cause:”

There must be enough evidence to warrant the invasion of privacy.

“Fruit of the Crime:”

There must be proof that evidence of a crime will be found.

Affidavit of Search Warrant:

A written application for a search warrant must also be provided.

During the meeting with the judge, the police officer will ask for permission to access your car, home, or other property in Highlands Ranch, where they will search for evidence of criminal activity. In this case, the police will search your home for electronic devices, such as computers, laptops, hard drives, thumb drives, and other media which could contain illegal images needed to use against you in the Sexual Exploitation case.

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What is it Like When a Search Warrant is Executed?

When the police execute a search warrant, they usually aren't very friendly. In most cases, they will arrive at your home and force you out of your own home while they search it. During the process, they aren't careful, and often break your belongings and make messes. Here's a scenario of when a search warrant would be executed:

Assault in Boulder County

John was good friends with Greg, until they had a business disagreement. They were out at a brewery in Boulder, when Greg told John he wanted out of their business arrangement. John was furious – he knew the reason Greg didn't want to work with him anymore was because he was secretly having an affair with John's wife.

Image Credit: Pixabay - ClkerFreeVectorImages

Image Credit: Pixabay – ClkerFreeVectorImages

The two argued violently before storming out of the bar. The next morning, Greg is admitted to the hospital – someone attacked him outside of his home later that evening with a baseball bat. Greg says John was his attacker. The police officer investing the Assault case approaches a judge and asks for a search warrant. He believes the baseball bat will be found in John's car or home, and wants to obtain a search warrant to look for the evidence. Poor John wasn't involved in the assault on his ex-partner – Greg was the target of a random robbery in his neighborhood. But, because Greg named John as his attacker, the search warrant is granted, and John's home is searched.

Search warrants are executed in a variety of criminal cases in El Paso, Adams, and Pitkin County. When items are stolen in a Burglary case, search warrants are obtained to look for the stolen goods. When a Sexual Assault is reported, search warrants are often granted to seize bedding and other items which could provide DNA evidence.

The lawyers at our office have a thorough understanding of constitutional law and know when evidence can be supressed.

What Happens After My Home Has Been Searched?

After the police star searching your home, they will often try to talk to you in order to gather more evidence. People generally believe the police are there to help them – this is not true. In fact, the police cannot help you in any way. Their sole purpose is to gather evidence which will be used against you in your trial. Never talk to the police. Instead, remain silent before, during, and after the search is complete. The process doesn't require your input or involvement at all. When the police execute a search warrant on your property, they are required under Colorado law to provide an inventory list of the items they seize. After the search is complete, they will file a return of the warrant with the court which lets the judge know the status of the search warrant.

Help! I've Been Searched: What to Do Now

If you've been the victim of a search warrant, don't hesitate to contact one of the aggressive criminal defense lawyers at the O'Malley Law Office. We know constitutional law and we have a passion for protecting your rights:

Constitutional Rights:

We have a thorough understanding and knowledge of the U.S. and Colorado Constitutional standards for search warrants, so we know when a search has been unlawful.

Plain Sight Rule:

The “plain sight” rule permits cops to seize any items in plain view. We understand this rule, and can offer insight into whether or not the police abided by it during the search.

There are many rules which must be followed. As criminal defense attorneys with 40 years of combined courtroom experienced, we know these rules inside and out. How are you supposed to know if a search was conducted correctly without insight from a knowledgeable lawyer? We know when evidence can be suppressed because a search exceeded the law, and we fight hard in the constant battle between the police and criminal defense attorneys in Colorado. Don't let the government intrude into your privacy. Get help from a lawyer who fights to win.

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If you or a loved one has been the victim of a search warrant, be smart, exercise your right to remain silent, and contact an experienced criminal defense attorney at the O'Malley Law Office for a free consultation at 303-830-0880. Together, we can protect your future.Request a Free Consultation

Image Credit: Pixabay – jarmoluk

About the Author

Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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