Frequently Asked Questions: Criminal
Law enforcement is calling to ask me questions, what should I do?
Even if you are innocent, DO NOT speak to law enforcement without an attorney present. To better understand the concept, watch the following presentation which illustrates the dangers of speaking to law enforcement:
Do I have to let an officer search my car or house?
NO! Law enforcement can only search your car if you consent or they have probable cause that evidence of crime will be found in the car.
If you consent to a search, then law enforcement can search any place in the car.
If law enforcement has probable cause to search your car, they can search any area in the car where evidence of a crime could be found. If they have probable cause to search your car, do NOT refuse them access or it may result in your arrest.
Law enforcement can only search your home with your consent or with a search warrant. If law enforcement does not have enough probable cause to obtain a search warrant for your home, then they have no reason to be allowed in your home.
However, if presented with a search warrant for your home, do NOT refuse them access or it may result in your arrest.
I don’t have anything to hide, so why shouldn’t I let law enforcement search my car or home?
The Constitution of the United States and the Bill of Rights was enacted to protect you from the government. They place a check on the government so it can’t force you to comply with their requests without cause. Consenting to a search of your car or home waives your right to protect yourself from government intrusion into your personal affairs. It is completely appropriate for you to enforce the rights you have been given to protect you from government intrusion.
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Information on this page is intended as a guideline only and is not to be taken as legal advice.