The Fourth Amendment guarantees that every person will be free from unlawful searches and seizures of property. The protections against unlawful searches are very strong in the United States, and evidence obtained from an illegal search cannot be used by prosecutors to try to secure a conviction against defendants.
One of the safeguards in place to make sure that an individual or company is not searched unlawfully is the requirement that investigators or peace officers obtain a search warrant before conducting a search. With limited exceptions, such as when there is an imminent risk of destruction of evidence and probable cause to believe a crime has been committed, a search warrant must be obtained before a peace officer or other official conducts a search of a person or property.
Search warrants should be obtained only under appropriate circumstances under the law, in order to honor the spirit of the Fourth Amendment protection against unlawful searches and seizures and in order to ensure that every person has his or her fundamental rights protected. To prevent corruption of the system, the state of Nevada actually has laws criminalizing the malicious procurement of a search warrant.
Maliciously procuring a search warrant is considered to be a crime against public justice, and the offense is defined in Chapter 199 of Nevada’s code, which is the Chapter that details many different crimes against public justice. The Vegas criminal lawyers at LV Criminal Defense have extensive experience providing representation to defendants accused of crimes against public justice and we can put our legal knowledge to work to help you if you are facing charges. Give us a call today to find out about the assistance that our firm can provide with any crimes in Chapter 199 or any other offenses made illegal anywhere in Nevada’s criminal code.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
The offense of maliciously procuring a search warrant is defined in Nevada Revised Statute section 199.440. According to the relevant statute, any person who maliciously procures a search warrant can be found guilty of a criminal offense.
A prosecutor must prove that the person who procured the search warrant improperly did not have probable cause and acted with malice. A defendant could be tried and found guilty if he or she caused a search warrant to be issued and/or caused a search warrant to be executed and a search to actually take place.
The offense of maliciously procuring a search warrant is classified as a gross misdemeanor offense under the law in the state of Nevada. This means it is more serious than a simple misdemeanor crime, but the criminal conduct does not rise to the level of a felony offense. While a gross misdemeanor is not as serious as a felony, the penalties can still affect your life in profound ways if you are found guilty of a gross misdemeanor. You could be sentenced to as long as a year of imprisonment, a maximum fine of $2,000, or both a fine and up to a year of incarceration.
Having your life derailed for maliciously procuring a search warrant is definitely not something that you want to be forced to endure. If you have been accused of obtaining or executing a search warrant maliciously and without probable cause, you should contact a Vegas criminal defense lawyer at LV Criminal Defense as soon as possible.
Our compassionate and knowledgeable legal team will assist you in fighting the serious charges you face and in developing a legal strategy aimed at reducing or avoiding consequences. Whether this means negotiating a plea deal or fighting for an acquittal, our legal team will be by your side to help you fight for your future.