Legal Question in Criminal Law in Mississippi

Re: illegal search

The police only need probable cause to enter your home. Sometimes, probable cause will arise such that obtaining a search warrant cannot be done quickly enough. If exigent circumstances do not exist, the police should obtain a warrant before entering a home. Either way, if you are charged with something, your attorney should look to see if probable cause existed for the search.

Re: illegal search

As the other attorneys have said, it all depends on the facts of the search. However, in most cases, there is a warrant, and you have a right to see it.

Re: illegal search

They must have a search warrant in all cases except emergencies where they have information of someone being in imminent danger or a crime being committed essentially in their presence. If a search is performed without a warrant, the officers may not be able to use any evidence resulting from the search, and they may be liable for a constitutional tort. Therefore, a warrant should be delivered during the search. If it was not delivered or you suspect it was based on fabrications or was not authentic, you should also consult an attorney. However, there is probably only a 5% chance of negligence or misconduct.