What if the Police want to Search My Property but don't have a Search Warrant?
When the police are conducting an investigation, they are doing their best to acquire information in order to build a case. As a result, they may approach you and ask you if they can search your house, car, shed, business or whatever. The first question you should ask is: “Do you have a search warrant?” If you are facing a police investigation or if you have already been charged, make sure you sit down with an experienced Minnesota criminal defense attorney.
“If the police don’t have a search warrant and you aren’t under arrest, you have the right to refuse consent and even leave.”
Can we come in?
The police have certain investigatory powers. Once they stop somebody temporarily or if they see a crime or if they arrest somebody, they can do more. However, these powers are limited. They can’t simply search your possessions because they are in the mood without a proper justification. However, there is one huge loophole that they use all of the time and that is consent. If you are not under arrest and the police would like to search your house, your property, your car, but they don't have a search warrant, you have the right to refuse the search. That being said, it is also important to remember to remain calm and respectful. The last thing you need is to give the police any justification to arrest you. Here are a few of the steps you can take:
Remain calm and relaxed. You don’t need to escalate the situation.
Ask if they have a search warrant. If they don’t, tell them you don’t consent to the search to search your property.. If they continue, don’t stop them. You may be able to successfully suppress the search in the future.
Ask them if you are under arrest. If the answer is no, you can stay, say nothing and ask to have a lawyer present. Otherwise, you have the right to leave.
Contact an experienced Minnesota criminal defense attorney as soon as possible is you learn about an investigation, a search or charged. It is important to know what is coming at you and what you can do about it.
"Remember, consent may wave no search warrant or even a bad search warrant. This is why cops always ask."
Remember, you have the right to refuse a search if the police do not have a warrant. However, it's also important to do so in a calm, friendly and respectful manner. Aftter that, make sure you sit down with an experienced Minnesota criminal defense attorney.
Jack Rice is a nationally known and respected criminal Defesen attorney based in St. Paul, Minnesota. Jack is also a former prosecutor, former CIA Officer and Board Certified Criminal Law Specialist. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.