What Are My Rights If the Police Ask to Conduct a Search?
If you are stopped by the police in a traffic stop, or if you are stopped while walking or approached at the door of your home, the police might ask if they can search your property. For example, in a routine traffic stop for something like speeding or a broken taillight, the law enforcement official who has pulled you over might ask if you consent to them searching your vehicle and your trunk. Sometimes, you might be the target of a pretextual stop, meaning that the police have a different (and more serious) reason for pulling you over, but they are stopping you lawfully because of a minor traffic violation. Regardless of whether or not the stop is pretextual, you may be asked to consent to a search. Or, for instance, the police might show up at your door and ask to come inside, or to come in and conduct a brief search.
Can you say no to a request to search your vehicle or other property? In short, the answer is always yes. Our Indianapolis criminal defense lawyer can explain in more detail.
You Have Rights Against an Unreasonable Search Under the Fourth Amendment
Under the Fourth Amendment of the US Constitution, you have a right against “unreasonable searches and seizures.” What that means is that law enforcement officials cannot lawfully conduct a search of your vehicle unless they have a warrant or probable cause, and they cannot conduct a search of your home without a valid warrant supported by probable cause.
There are, however, exceptions that have arisen through various US Supreme Court cases. Those exceptions include the following:
- Consent;
- Plain view;
- Exigent circumstances; and
- Incident to arrest.
As you can see, if the police can get a person to consent to a search, then they are lawfully allowed to conduct a search without probable cause or a valid warrant. Law enforcement officials can also lawfully seize property, such as a controlled substance or paraphernalia, if it is in “plain view” (which can occur if you agree to let the police into your home, for example).
You Never Have to Consent to a Search
If you are stopped at a traffic stop, or if the police appear at the door to your residence, you always have the right to say no to a search (and you should always should say no). The police might try to make you think that you will look guilty of an offense if you say no when they request to conduct a search or to come inside, but you can and should decline the request for consent to search or to enter your home. You should politely decline consent, take their information, and contact a criminal defense attorney.
You cannot face consequences for declining consent to search or to come inside, but you can face consequences if the police find anything during a consent search or if they see anything in “plain view” if you allow them into your home.
Contact Our Indianapolis Criminal Defense Attorneys Today for Assistance
It is important to know your Fourth Amendment rights that protect you against any unreasonable search or seizure. If you believe your Fourth Amendment rights may have been violated in a search of your car or truck, or in a search of other personal property, it is important to seek legal advice. An unlawful and unconstitutional search may result in any charges against you being dismissed. One of the experienced Indianapolis criminal defense lawyers at Rigney Law LLC can speak with you today to discuss the details of your case. Contact our firm for more information about how we can assist you.
Source:
constitution.congress.gov/constitution/amendment-4/