Judges must sign search warrants and find probable cause to believe a crime occurred for law enforcement officers to conduct lawful searches and seizures of property in New Jersey. There is a step-by-step process the police must follow; otherwise, evidence could be inadmissible.
Law enforcement submits a sworn statement to an impartial judge detailing the facts and their probable cause. The judge decides if probable cause exists and signs or does not sign the warrant. If the judge signs the search warrant, officers in New Jersey have 10 days to execute it. Arrests and official charges sometimes follow search warrant executions, though our lawyers may be able to challenge methods and evidence to help your case.
Call the Law Offices of John J. Zarych at (609) 616-4956 for a free case assessment from our New Jersey criminal defense lawyers.
What is the Process of Getting a Search Warrant from a Judge in New Jersey?
Law enforcement must follow a strict process to get a search warrant from a judge in New Jersey. Without judicial approval, law enforcement cannot search your property and collect evidence.
Affidavit
The first step in getting a search warrant from a judge in New Jersey is preparing the affidavit of probable cause. This is a sworn statement explaining law enforcement’s reasons for believing that evidence of a crime is at the specific location of the search warrant.
The application must include a detailed list of the evidence and information law enforcement seeks in the search warrant, such as electronic devices or contraband, as well as the specific property affected.
Probable Cause Determination
When complete, the affidavit of probable cause is presented to an impartial judge. It’s the judge’s responsibility to evaluate the facts presented in the sworn statement and determine whether they constitute probable cause.
Judges look at the “totality of the circumstances” when evaluating if there is probable cause to believe a crime occurred and that a search warrant may yield evidence of that crime.
Judge’s Approval
It’s up to the judge presented with the affidavit of probable cause to approve or deny a search warrant. If the judge approves the warrant, they will sign it. Once a search warrant is signed, it can be executed immediately.
The judge’s approval applies only to evidence specifically mentioned in the search warrant; however, if other evidence is in plain view or found during a legitimate search, law enforcement may collect it.
Judge’s Denial
If the judge denies the warrant, the police and prosecution can try collecting additional evidence to support a warrant and submit a new request at a later time.
The prosecution can also turn to a grand jury for investigations. This allows the grand jury to subpoena evidence to be turned over, rather than sending in police to obtain evidence through a search.
Timing of Search Warrant Requests
Some search warrants are approved within hours of law enforcement submitting an affidavit, especially if judges are accessible to prosecutors. Sometimes streamlined processes can get warrant requests approved even faster.
What Happens After Judges Approve Search Warrants in New Jersey?
In addition to knowing what goes into obtaining a search warrant, it benefits defendants to know what happens after a judge signs a search warrant in New Jersey.
Warrant Execution
In New Jersey, police officers generally must execute search warrants within 10 days of issuance, or they expire, unless the judge grants an extension. The police may not need to give you notice of a search warrant, and may begin the search if you are not present.
It’s your right to see the search warrant upon request, so ask to read it and confirm the judge’s signature if you are present when law enforcement arrives to execute the warrant. Do not interfere with law enforcement while they execute a search warrant on your property.
Receipt of Property & Inventory
Law enforcement must give you a receipt for all property taken during the course of a search warrant, such as cell phones, computers, photographs, journals, paraphernalia, and other evidence of crimes. Our Atlantic City, NJ criminal defense lawyers can use this to get a better idea of the evidence against you before charges are filed or discovery begins.
Arrest & Charges
Depending on the outcome of the search warrant execution, arrests and official charges may be filed. If the search yields no evidence law enforcement can use, they may move on with their investigation.
Challenges & Motions
After a search, our lawyers can file motions to suppress evidence obtained illegally, such as items outside the scope of the search or otherwise collected in violation of your Fourth Amendment rights. Successfully challenging admissible evidence stops the prosecution from being able to use it against you if charges go to trial.
FAQs About Search Warrants in New Jersey
What if the Police Didn’t Have a Search Warrant?
If the police didn’t have a search warrant before searching your property and seizing evidence, and exigent circumstances didn’t apply, our lawyers can fight to suppress any evidence obtained from the illegal search so it is inadmissible against you.
Do the Police Have to Give You a Copy of the Search Warrant?
You have the right to ask for a copy of the search warrant and to read it, and law enforcement must comply with this request.
What if Evidence Collected Was Outside the Scope of the Search Warrant?
If evidence outside the scope of the search warrant was collected, our lawyers may challenge it and convince the court to suppress it.
How Long Do the Police Have to Execute a Search Warrant in New Jersey?
In New Jersey, law enforcement officers typically have 10 days to execute search warrants after a judge signs them, though there are sometimes extensions.
How Easy is it for Police Officers to Get Search Warrants in New Jersey?
Judges are likely to sign search warrants if police officers can demonstrate probable cause and convince judges that there’s a substantial chance a crime was committed, and evidence of the crime likely exists on a specific property.
Get Help from Our New Jersey Criminal Defense Attorneys Today
Call the Law Offices of John J. Zarych at (609) 616-4956 for the help you need with your case from our Cape May, NJ criminal defense lawyers.
