Is it Legal for the Police to Search my home, vehicle or Person?
If you have been arrested for a drug crime, or under investigation, the police or law enforcement may have searched your personal property. If the search was in fact performed illegally, the evidence collected in that search may NOT be used as evidence in the criminal court of law.
In order for law enforcement to search your personal property, they must receive your consent or have probable and specific cause. If law enforcement requests to search your personal property – your home, vehicle, or person, respectfully refuse consent. Do NOT let the police bully you into consenting to a search of your personal property. In the United States, it is your right to refuse a search of your property.
The police MUST have probable cause to obtain a search warrant. If you are asked by law enforcement for a personal property search, ask why – what is the probable cause? Refusing permission to search your personal property is NOT probable cause.
When CAN the police or law enforcement perform a search without a warrant?
- The police officer receives your consent to search your property.
- Plain View / Plain Smell – law enforcement may search without a warrant.
- Complete Administrative Search – this means that if drug was found in a vehicle, law enforcement can search your entire vehicle without a warrant to see if the presence of any additional drugs exist.
- Vehicle Exception – If you are pulled over for ANY traffic violation including DUI, the police have the right to search your entire vehicle without a warrant.
- Search Incident to Arrest – The police have the right to search within a “wingspan”. This is done to make sure that the presence of weapons or other individuals nearby may not harm law enforcement.
When you have been arrested, or under investigation for a drug crime, it is crucial that you contact us immediately for guidance and legal support. Our years of experience and knowledge advocating will give you the strongest defense possible. Call or email us today for a free consultation and case review.
- We help people and families in Chicago and throughout the Chicagoland suburbs.
- Call (312) 955-4400 or (630) 537-1574 now for HELP!