If police officers come to a persons’ home to investigate a crime, a person does not have to let them in unless they have a warrant. If they come with a search warrant then they are allowed to enter the home and conduct a thorough search. However, even in such situations, they are required to knock and announce their presence. They are not allowed to break into a home even with a warrant. If an officer did break into a home and conduct a search without a warrant then the findings of the search can be suppressed from a legal standing.
Anyone who finds themselves dealing with officers in such a situation should call a criminal defense attorney to learn about their rights and to learn about what potential options they have in their current situation. Officers are only allowed to carry out searches when they have a strong reason to believe a person committed the crime, or there is a probable cause.
A warrant can only be obtained by presenting a reason for probable cause. When a criminal defense attorney launches an investigation into the case they may figure out that the officer did not have probable cause to obtain the warrant and the individual who issued the warrant alongside the officer in question can be compelled to face the legal consequences of failing to follow protocol.
Searches conducting in vehicles by officers in Fort Meyers, Florida
Police officers also have the right to search a person’s vehicle if they feel like there may be something illegal inside. However, it is important to note that the Fourth Amendment does protect a person against unlawful search and seizure, so officers need to obtain a warrant, a very valid reason, or a person’s permission before searching the vehicle. If none of these conditions are fulfilled, they have violated one’s constitutional rights and there may face legal penalties.
Vehicle searches are granted more leeway than residential searches because of the lower expectancy of privacy in vehicles as opposed to residential homes. If a vehicle is impounded, then officers have the right to search the vehicle as thoroughly as they see fit. This can include looking in locked compartments as well. No matter what crime a person is accused of, they still have their basic rights and these have to be honored by the officers and everyone who confronts them.
Get in touch with a criminal defense attorney at the Law Office of Robert Foley to get legal advice for one’s criminal defense case.
Reach us at:
2259 Cleveland Ave,
Fort Myers, FL 33901