What Are Your Rights When The Police Ask To Search Your Home?
The Fourth Amendment to the United States Constitution protects all citizens from unreasonable searches of their homes by the police. In simple terms, this means that the police must normally obtain a search warrant or a suspect’s consent before performing a search of their residential property.
If the police arrive at your home with a Search Warrant, you should comply with the Court’s Order and allow the search. The Courtroom, not the street, is the appropriate place to challenge a Search Warrant.
If the police do not have a Search Warrant, you can consent or not consent. If the person is in custody at the time, they must be advised of their “Pirtle Rights.” The Indiana Supreme Court held in a landmark 1975 decision, Pirtle v. State, that “a person who is asked to give consent to search while in police custody is entitled to the presence and advice of counsel prior to making the decision whether to give such consent.” A suspect can waive this right, but they must do so explicitly, and it is the state’s burden at trial to prove there was such a waiver.
Like “Miranda Warnings” police officers often carry a card with the legally required language for the advisement. They often follow that up with a written waiver as well.
Contact an Indiana Criminal Defense Attorney Today
Search and seizure violations are a common attack of drug cases. That is why it is always in your best interest to work with an experienced Indianapolis drug crimes lawyer if you are facing charges. Contact Rigney Law LLC today to schedule a free initial consultation.