Police Searches

17 Sep Police Searches

Do not voluntarily give up your Fourth Amendment Right to be free from unreasonable searches and seizure

No one has to voluntarily consent to a request by the police to search their person, vehicle, or residence. If you consent to their request, the officers do not need any probable cause to search you or your property. Your refusal to voluntarily consent to a search cannot be considered by the police or a magistrate as probable cause to search you, your vehicle or house.

If you open your front door to an officer who is conducting a “knock and talk,” be assured they are looking for a reason to enter your residence where they may see or smell evidence creating probable cause. You do not have to answer the door.

If the police have a search warrant, you should not obstruct them in the search. If the police already have probable cause or believe they have probable cause to search you or your vehicle, they will not ask you for your permission to search. Do not run; do not obstruct the process.

Police Searches
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The preceding material is for information purposes only. The material is not legal advice and does not create an attorney-client relationship. You should consult an attorney for advice on the particular details of your case. Case results depend upon a variety of factors that are unique to each case. Past case results do not guarantee or predict a similar result in any future case.