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Your Rights During a Search & Seizure

Blog 2017 November Your Rights During a Search & Seizure
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Your Rights During a Search & Seizure

Posted By Stepniak & Park || 30-Nov-2017

As an American citizen, you have the right to be free from unreasonable “searches and seizures” by law enforcement under the Fourth Amendment of the Constitution. If the police show up to your doorstep claiming they would like to look around, you are legally allowed to refuse their request. While the police may override your privacy concerns and conduct a search of your home, car, office or bank account, they may only do so if:

  • The police have probable cause to believe they can find evidence than you committed a crime and a judge issues a warrant, or
  • The circumstances justify a search without a warrant

When Is a Warrant Not Required?

Depending on the situation, the police can perform a search without a warrant. Below are a few examples of when a warrant is not required:

#1: Consent: If you voluntarily agree to a search of your property, without being coerced or tricked, the police can search without a warrant. However, you do not have to consent to a search, even though police may not inform you of this information. You have the right to refuse search and seizure.

#2: The Plain View Doctrine: A police officer can legally search an area and seize evidence if it is clearly visible. For example, if an officer looks into your car and sees an illegal automatic rifle in the backseat, a search can be conducted without a warrant. However, the police must still have probably cause. In addition, if officers see an illegal act occurring outside of your home or car, they may perform a search of your home or car without a warrant.

#3: Search Incident to Arrest: A police officer does not need a warrant to perform a search if you have been arrested. The police have the legal right to protect themselves, which gives them the right to search for weapons or evidence that could be destroyed.

#4: Exigent Circumstances: If an officer feels that the time to get a warrant would threaten public safety or result in the loss of evidence, they can perform a search without a warrant. For example, the police can forcibly enter your home if you are inside destroying evidence or trying to escape.

If you believe a search of your property was done illegally, please contact our Long Island personal injury lawyers today.

Call (386) 253-4750 or contact us online for a free consultation.

Categories: Criminal Defense

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Daytona Beach, FL 32114

Toll Free: (877) 256-4750
Local: 386-253-4750

Satellite Office: Deland/Deltona

120 S. Woodland Blvd.
2nd Floor

DeLand, FL 32720
Toll Free: (877) 256-4750
Local: (386) 734-7373
  • Main Office: Daytona Beach

    150 S. Palmetto Ave., Suite 100
    Daytona Beach, FL 32114
    Toll Free: (877) 256-4750
    Local: 386-253-4750

  • Satellite Office: Deland/Deltona

    120 S. Woodland Blvd.
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