The cops are not just allowed to search anyone or anything, even when they suspect a crime. If you are the subject of a drug-related police search, you have rights and you should stand up for them. If you think that your rights were violated during a search, then a Bergen County criminal defense lawyer may be able to help.
When Is a Police Search of Your Home or Vehicle Allowed?
A police search can be carried out if they have a warrant. This means that they went to a judge and made a convincing case for why your home and vehicle should be searched. This is not considered a violation of your rights because the police have established a cause for their search and a judge has agreed that there is merit to it.
They can also carry out a search if they ask you for permission and they grant it. We do not recommend giving the police permission to search anything of yours. They might tell you that cooperating with them will make things easier for you, but there is no good reason to give up your right to privacy here. Make them get a warrant if they want to perform a search so badly.
What Can Be Considered Probable Cause For a Police Search?
Sometimes cops can search a car or home without a warrant or permission from the owner. How do they get away with this? They can claim that they had “probable cause” or that there were “exigent circumstances.”
For probable cause, a common excuse is that the cop smelled marijuana. If they smell drugs, they can search a car for them. They can also make an excuse to carry out a warrantless police search if they see drugs in plain sight. Cops can claim exigent circumstances when waiting for a warrant was not an option. For example, if they come up to a suspect’s door and can see them dumping something down the sink, they can enter and look for drugs.
Can a Police Search Be Challenged in Court?
A police search can be challenged in court. An experienced defense attorney can attempt to get a bad search, and any evidence gathered during it, thrown out of court. In some drug cases, this is the only significant evidence against a defendant and charges could be dropped or reduced as a result.
Can Police Go Through My Garbage?
This is one loophole. If you put garbage out to the curb, you have no expectation of privacy. So cops can go through your trash and look for evidence, and if they find something they can try to use it against you.
Talk to a Criminal Defense Attorney
So if you are facing drug charges and you need someone to fight on your behalf, contact the Law Office of Boyd & Squitieri. Schedule your case consultation and learn more about what an experienced defense attorney can do for you. We are ready to challenge a bad search and stand up for your constitutional rights.
