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What Are My Rights During Search and Seizure?

In the United States, you have some protections from search and seizure. You have a right to privacy that police are not allowed to just ignore. If you have been charged with a crime and you believe that the search was an illegal one, a New City drug possession, crime defense lawyer from our firm may be able to help.

What Should I Do If Police Ask to Search My Property?

The police have to have your consent to search your property if they do not have a warrant. If they suspect that your car has drugs in it or that some kind of illegal contraband is present in your home, they cannot just walk in and start looking around. If you do not give them permission to search your property, the cops have to get a warrant. They have to show a judge that they have probable cause for searching your property.

We recommend that you do not allow the cops to search your property when asked. You have a right to privacy. Do not give it up just because you think it will make life a little easier.

What Should I Avoid During or After a Search?

During or after a search, you should avoid speaking to the cops. Even sarcasm or obvious jokes can potentially be taken seriously and seen as incriminating. If anything is found, continue to exercise your right to remain silent.

If you are going to communicate with the police, the best way to do that is through a defense attorney.

What Are Exigent Circumstances?

An exception to your right to right to privacy can be made if “exigent circumstances” are present. The police can say that the situation was urgent and that there was no time to get a warrant. Maybe they get to an apartment and hear screaming. Maybe they can see someone injured and bleeding through a home’s front window. The cops do not need a warrant in these situations. They can break down a door and go right into a residence. If they find anything suspicious in plain sight, it can be used against the owner or occupant of the property despite the absence of a warrant.

What Does a Warrant Allow Cops to Do?

A warrant can allow the cops to search for specific things in a specific area. For example, it could just give police permission to search your garage for materials that are used to make drugs. If you gave your cops permission to search your property, they have no such limitations.

Cops can seize illegal items outside the warrant’s scope in some situations though. If they were looking for guns and found drugs or drug paraphernalia in plain sight, those drugs can still be used as evidence against you.

Contact Our Experienced Criminal Defense Attorneys

If you are facing criminal charges, you need to think seriously about how you can fight back. Contact the Law Office of Kevin T. Conway and set up a consultation. We can tell you more about how our legal team can help you if your right to privacy has been violated.

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