Trespassing is the act and result of trespassing . This verb can refer to making something flat; to overcome a problem; or to enter a home with a court order.
For example: «To clear the land we are going to use several machines that the municipality has given us» , «With the defeat of the number one in the ranking and the injury of the Swedish tennis player, the young Asian player found his way being cleared towards the final" , "In the raid carried out at the accused's house, the police found two firearms" .
What is a raid
In American countries , the notion of search is usually linked to the entry of authorities into a home based on a mandate from the Judiciary and with the aim of advancing the development of an investigation. A raid, in this way, implies the temporary suspension of the right to private property and privacy.
Through a raid, the police or other security force, complying with the order of Justice , can search for an element in a house, try to find a person or obtain images of the place, to name a few possibilities. All of this information is then attached to a court case.
Take the case of a crime that is under investigation. The prosecutor, upon gathering certain evidence, requests a search warrant to enter a suspect 's home. When the judge authorizes the raid in question, the police find clothes and a knife stained with blood . These objects can be subjected to forensic examinations and help confirm the suspect's guilt.
Protection of rights
Although it is not normal for a security force to show up at our home or the office where we work with the intention of carrying out a raid, it is something that can happen sooner or later. Of course, this does not mean that we have committed a crime, since there are many factors that can lead someone to become involved in a procedure of this type, such as the behavior of our landlords, for example.
For this reason, it is very important to know our rights and know how to distinguish a legitimate search warrant from a fake one . Needless to say, fakes can be very precise and difficult to detect; However, the following two points must be met without exception, and they can help us a lot:
- A valid search warrant must have been signed by a judge . When in doubt, we can always look up his contact information and call him by phone to check that he has indeed given his approval, before letting the officers enter the home.
- The address of the property to be searched must be exact and include as much information as possible, such as the street name, cadastral number, floor and apartment number.
Beyond these two requirements , a search warrant must also indicate:
- The exact date and time slot in which you intend to enter the property.
- The authority or security force that will carry out the procedure.
- The objective for which the judge considers it necessary to carry out the search. At this point the intention may appear to seize a certain item or arrest an individual, for example.
- The cover and number of the judicial file .
Search without a warrant
It should be noted that a security force can carry out a search of a home without a court order in certain exceptional cases.
In this way, if it is considered that the life of one of the inhabitants is in danger due to a natural disaster; if you hear someone asking for help from inside the property; or if a suspicious individual is seen entering a home, officers may enter the building without asking for permission .