Law Offices of Elling & Elling
Call Us Now For A Free Consultation 301-637-0281 866-470-5187

Know your rights when police want to conduct a search

Many people have heard about police officers coming to search a home or business. If you are ever faced with this situation, you need to know about your constitutional rights. According to the Fourth Amendment, you have very specific rights when the police want to enter your business or your home to conduct a search.

The bottom line is that the authorities can't conduct a search or seizure if it is unreasonable. One way that this is assured is that they typically need to have a search warrant if they are going to enter. There are exceptions to the need for a search warrant. For example, if the officer makes an arrest and needs to search for weapons, the search will likely be considered a lawful one.

When the officer wants to conduct a search of a property, they are likely going to ask you if they can have your permission. If you decline that request, they will need to obtain a search warrant. Any search is legal if you give your permission for it to be conducted.

Another exception to the need for a search warrant is if you don't have a legitimate expectation of privacy. This means that if you have drugs sitting in the passenger seat of the car, which is in plain view through the window, the cop can see the drugs and can seize them because you don't have a legitimate expectation of privacy through a clear window.

It is always a good idea to exercise your rights if you are being asked to allow a search or being presented with a search warrant. You should also invoke your right to have an attorney present with you if you are being detained or arrested.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Us Today

If you would like to schedule a free initial consultation with either of our lawyers, we welcome you to contact us online or to call us toll free at 866-470-5187 or locally in our Gaithersburg office at 301-637-0281.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Office Location

443 N. Frederick Avenue
Gaithersburg, MD 20877

Toll Free: 866-470-5187
Phone: 301-637-0281
Fax: 301-921-9327
Map & Directions

Free Consultations