No-Warrant Searches: Is this Legal?

Criminal charges of any type can bring the police to your doorstep. They might want to search your property; especially your car and house. According to Nashville Criminal Defense Lawyers, if the police search your property and proper protocol is not followed, the things confiscated from you as evidence will be inadmissible in the eyes of the law. The rule suggests that any evidence obtained through violation of the Constitution is not acceptable in court.

According to the mind-blowing statistics provided by Tech Jury, every one in three U.S. individuals has criminal charges on them. This data excludes the crimes which people do not even report. In addition, the criminal records maintained by the Federal Bureau of Investigation are not that up-to-date. One can easily assume that the number of unreported crimes would be double the number of reported crimes.

Most Common Criminal Charges:

The most common type of criminal charges which make the police appear at your door includes theft, weapon violation, and possession of illegal substances. If you were arrested following the search of your property, you immediately need to talk to an experienced professional like our Nashville Criminal Defense Lawyer. You are entitled to legal rights by the Constitution. You must seek help to protect them as soon as you can.

Unfortunately, there are plenty of cases in which officers conducted unlawful research because the individuals were not aware of their legal rights. A great number of police searches occur because people do not realize that they have a right to deny a police search.

When Are the Police Allowed to Search My Home?

Every person needs to know their rights, especially those concerning their property search and seizure. Your home is supposed to be shielded from the public. A person’s right to privacy is heightened in their home. The Constitution frees you from obstructive rummaging of your house or vehicle. Even the law-enforcing agencies cannot go through your property without a good reason to do so. If they want to search your house, they ought to have a search warrant signed by the judge.

However, there are certain circumstances under which the police can search your house even if they do not own a warrant. The exception of warrant requirement allows the police to enter a property if they reasonably believe that someone might be committing a crime inside.

  • The police can conduct a warrantless search if you or any other house inhabitant allows them when asked for permission. This person could be a family member or a roommate. However, the police cannot trick or bully you or them into giving consent for the search. The consent needs to be given by free will. As you might expect, the police are not bound to let you know about your legal right to refuse a search.
  • The police may also have the authority to rummage through your property if there are any illegal items in the field of vision or an item that can be a piece of viable evidence that is at the risk of destruction. This is one well-known exception to warrant requirement. For instance, if a police officer sees illegal substances or weapons in the sight, they will be authorized to search and seize.
  • They are also authorized to search your home when there is a potential threat or someone is getting arrested. When raiding a place to arrest someone, the police takes a quick scan of the area to ensure there are no threats. Also, they search the place in case they land upon evidence or find other possible criminal accomplices. But this search is not supposed to be in-depth. In some states, it is considered unlawful if the police start digging up the place.

The cases involving criminal charges and search warrants are complicated. If your case involves a search without a warrant, it might be possible for the lawyer to challenge the prosecution by questioning the validity of the search.

Contact the Best Nashville Criminal Defense Lawyer:

The cases involving criminal charges are incredibly complex. Hence, you need to have the best and most professional Nashville Criminal Defense Lawyer by your side from the very beginning. The search warrants and their requirements are complicated suits of law. Therefore, you always need to hire the best and most skilled attorneys for your help. Our knowledgeable defense attorneys will build a strong defense on your behalf to reduce or dismiss the charges altogether.

Get The Help You Deserve