Cops cannot just come in and search your property without cause. You have the right to privacy and the fourth amendment protects you from illegal search and seizure. If you believe that cops did not go through the proper challenge to gather evidence against you, there may be a way to challenge them on it. Our Hartford County criminal defense attorneys could help you with that.
Do Police Need a Warrant to Search My House or Car?
Yes. If the cops want to search any property of yours, they should have a warrant. This requires them to tell a judge what they are looking for and explain why they have probable cause to perform a search.
If they do not have a warrant, they have to ask for consent to search a property. You can easily say no. It is also important to note that the cops have to be straightforward about this. They cannot try to “trick” someone into offering consent for a search.
What Should I Do If The Police Do Not Have a Search Warrant?
As we mentioned, the police have to ask you for permission if they do not have a warrant. We do not recommend giving the police permission to rifle through your possessions. We also do not recommend speaking to the police. If they suspect you of a crime, communicating with them through an attorney can better protect your rights.
What Do Warrants Allow Police to Do?
One important thing to remember about warrants is that they are specific in scope. A judge will rarely sign off on a warrant that is not targeted. A cop needs to be looking for particular contraband. They need to have a specific property or part of a property in mind. A warrant should not be a blank check to search for anything anywhere. That would be a violation of your rights.
This is why we also recommend that you do not let cops search your property when they ask. Let them get a warrant and operate within the confines of the law.
What Are Exigent Circumstances?
In some situations, the cops can say that they did not need a warrant. There were “exigent circumstances” and they needed to act. As an example, they knock on a door and hear gunshots and sounds of struggle inside a home. They break down the door to render aid and find evidence of a crime. They did not have a warrant, but exigent circumstances allowed them to enter a property and find evidence in plain sight.
Contact Our Law Firm
If you are facing a criminal charge and believe that your right to privacy was violated in an illegal search and seizure, we may be able to help. Contact the Law Offices of Marc N. Needelman and set up a consultation today. We can tell you more about your legal options and what we can do to assist you.
