You are not required to consent to a search.
It’s a normal Thursday night. You’re sitting at home, watching TV, when you hear a loud knocking at your door. You weren’t expecting anyone. When you answer, you see the police, who ask if they can come in and “take a look around.” What should you do?
This situation is more common that you might think. While on television shows and in movies, you often see police officers arriving at the door with a warrant, in many situations, law enforcement officers may try to get residents to consent to a search. If you consent, no warrant is needed — and the search will likely be legal. The key in these situations is to know your rights and how to assert them. Read on to learn more from an experienced criminal defense lawyer Riverside, CA.
First, it is important to know that you have rights when it comes to the privacy of your home. Under the Fourth Amendment of the Constitution, the government (police) cannot search your home without a warrant. There are some exceptions to the warrant requirement, but for now, the important thing to remember is that as a general rule, the police cannot search your home without a warrant. As a result, the first thing that you should ask the officers is if they have a warrant to search your home.
If the police have a warrant, they can search your home without your consent. However, you should still ask to see the warrant before allowing them to search your home; you do not have to allow them to search your property until they do so. Read over the warrant, noting the location of the search (making sure the address is correct) and what areas and types of objects in your home the police can look for during the search. For example, if the police are looking for evidence that you have stolen large screen TVs on your property, then they should not be looking in your underwear drawer or in your jewelry box for evidence of those TVs. You can contact a criminal defense lawyer Riverside, CA during or after the search if you have questions or concerns about what happened.
If the police do not have a warrant, you have the right to refuse to allow the police to search your home. Respectfully tell the police that you are exercising your constitutional rights and are not consenting to the search. There are situations where the police can still search your home without a warrant and without your consent. If there are exigent circumstances and it is necessary to search your home to prevent harm to another person or property, the search may be justified. For example, if the police have a reasonable belief that you kidnapped someone and they can hear that person screaming for help, that may justify a search. In addition, if the police see something illegal — such as narcotics — when talking to you or if they arrest you while you are at home, they may conduct a limited search.
Another person may also consent to a search of your home, with some limitations. A spouse can consent to a search of the entire home, but a roommate can only consent to a search of the common areas of the home. A guest or an employee of the home cannot consent to a search. A child may consent to a search in some circumstances.
If the police search your home without a warrant and without consent, or if they exceed the bounds of the warrant, then your criminal defense lawyer Riverside, CA may file a motion to suppress the evidence. If this motion is granted, then the evidence cannot be used against you in court.
If you have been charged with a crime, the Chambers Law Firm can help. We will aggressively defend you to protect your rights and your freedom. Contact us anytime at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
