Everyone knows that they have Constitutional rights. Not everyone knows what rights they actually do have. Even fewer know how to identify a violation of their rights.
The 4th Amendment to United States Constitution guarantees:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Similarly, Section 7 of the Constitution of the State of Colorado promises:
The people shall be secure in their persons, papers, homes and effects, from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing.
These assurances from the Government do not always mean that your rights are protected. You need aggressive legal representation to ensure that your Constitutional rights have not been violated.
As a prosecutor, I drafted hundreds of search and arrest warrants. I instructed new prosecutors on the fine points to drafting these documents and often reviewed warrants drafted by my peers before they were presented to a judge. I have specialized training and the unique experience to recognize a violation.
What is a warrant?
Who writes a warrant?
How do you challenge a warrant?
What are common mistakes found in warrants?