There are rules about how a police search can be conducted. If a cop wants to search your home or car for drugs, you have rights and you can tell them to get the proper paperwork completed before they try anything. However, cops have excuses that they can lean on if they want to perform a search anyway. A Montgomery County drug lawyer can help you fight back if you are facing charges and you believe that the cops violated your constitutional rights.
Is a Warrant Required for a Police Search?
Yes, in most cases a warrant is going to be required for a police search of your home or your car. This is because you have the expectation of privacy in these places. If the cops want to perform a search, they are going to have to go to a judge and do things the right way so that your rights are not violated.
The exception to this could be if the police search your garbage cans at the curb or find something that you threw out of your car. You would not have an expectation of privacy here. That means that the cops can pull something drug-related out of your garbage and use it as evidence against you. They do not need a warrant for that.
Can You Give Permission For a Police Search?
The cops can also carry out a search if someone allows them to. If the police ask to search your car or home and you say yes, then that’s all that they need to hear.
They might even pester you and tell you that saying yes and allowing the search is your best option. Cooperate with them and they’ll help you out. We do not recommend this. There is no reason to give up your right to privacy and subject yourself to a police search.
What Happens If the Police Search Was Illegal?
If a police search was illegally performed without a warrant or a valid reason, your lawyer can challenge that search in court. This can be a big problem for the prosecution because if the search does not stand up to scrutiny, it can be thrown out. That means that any evidence gained during the police search also has to get tossed out, and that evidence could be the backbone of the drug case against you.
What Excuses Will Cops Use to Perform a Search?
It’s also important to note that cops will try to make excuses to perform searches even without a warrant. They might argue that they have probable cause because they smell marijuana, for example. If the cops made excuses to search your vehicle without your permission or a warrant, we may be able to challenge the search.
Talk to a Defense Attorney
The penalties for drug crime convictions can be harsh and they can derail your life. Contact Mudrick & Zucker to meet with our legal team and learn more about how we can help you stand up for your rights and fight back against an illegal police search.
